NY State Senate Bill 2017-S8432

Archive: Last Bill Status - In Senate Committee Civil Service And Pensions Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 07, 2018	referred to civil service and pensions

2017-S8432 (ACTIVE) - Details

See Assembly Version of this Bill:: A10779
Current Committee:: Senate Civil Service And Pensions
Law Section:: Civil Service Law
Laws Affected:: Add §215, Civ Serv L; add §12-140, NYC Ad Cd
Versions Introduced in 2019-2020 Legislative Session:: S3378

2017-S8432 (ACTIVE) - Summary

Relates to the rights and working conditions of emergency medical technicians employed by the New York city fire department; requires rest and meal breaks.

2017-S8432 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8432

SPONSOR: GOLDEN
 
TITLE OF BILL:

An act to amend the civil service law and the administrative code of the
city of New York, in relation to the rights and working conditions of
emergency medical technicians employed by the New York city fire depart-
ment

 
PURPOSE OR GENERAL IDEA OF BILL:

To require rest and meal periods for certain public employees that
perform emergency medical services.

 
SUMMARY OF SPECIFIC PROVISIONS:

This bill amends the Civil Service Law to add a new section 215.  Subdi-
vision 1 of section 215 provides that the bill applies to EMTs and
paramedics employed by the fire department of the city of New York.

Subdivision 2 provides for rest periods based on the number hours worked
in the day. Rest periods are treated as time worked, and therefore not a
basis for deduction from pay. The employer is permitted to require
employees to monitor radios and other means of communication during the
rest period, and to interrupt the rest period and require the employee
to resume work in the event of an unforeseeable natural or man-made
disaster.

Subdivision 3 provides for a meal period if the employee works at least
six hours (five hours in the absence of an agreement between the employ-
er and the collective bargaining representative). The employer is
permitted to require employees to monitor radios and other means of
communication during the rest period, and to interrupt the rest period
and require the employee to resume work in the event of an unforeseeable
natural or man-made disaster.

Subdivision 4 permits an employee awaiting dispatch at a location within
1000 feet of a firehouse to elect to await dispatch at the firehouse.

Section two makes corresponding amendments to the Administrative Code of
the city of New York by adding a new section 12-140.

Section three provides that this act shall take effect immediately.

 
JUSTIFICATION:

The work of New York City EMTs and paramedics is among the most stress-
ful of those performed by public servants. The inherently stressful
nature of the work is exacerbated by the fact that even when they are
awaiting dispatch, they do not receive breaks or rest periods. The
purpose of this bill is to relieve some of the stress experienced by
these first responders by providing for normal rest and meal periods,
subject to the emergency needs of the agency, thereby reducing attri-
tion, medical leave, and absenteeism.

Existing law contemplates, but does not require, a ten-minute rest peri-
od for each half of the normal shift, and such rest periods are common
in many industries. The bill makes the rest periods a requirement for
EMTs and paramedics, with exceptions for unforeseeable emergencies. The
requirement of one hour's pay and an equivalent rest period for inter-
ruption of a rest period serves the dual purpose of compensating the
employee for the interruption and insuring that such interruptions occur
only in genuine emergencies.

The 30-minute meal period is consistent with Labor Law section 162,
whidh already requires a 30-minute meal period for employees who perform
certain kinds of work. The bill simply extends the requirement to New
York City EMTs and paramedics. The bill adds the same provision as in
the rest period subdivision for interruption in case of emergency, and
compensation for such interruptions.

Subdivision 4 addresses a situation that occurs occasionally: An EMT or
paramedic is stationed, for purposes of awaiting dispatch, very close to
a firehouse that is in active use, but is not authorized to use the
firehouse despite adverse weather conditions, hazardous street condi-
tions, or a need to use the facilities. The bill permits the EMT or
paramedic to elect to use the firehouse. The option to use the firehouse
is limited to a distance of 1000 feet from the firehouse in order to
avoid an adverse effect on response time.

This bill grants certain working rights to the hardworking and dedicated
employees who perform necessary emergency medical services.  It is
essential that individuals receive these crucial rest periods to best
serve communities.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2017-S8432 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8432
 
                             I N  S E N A T E
 
                                May 7, 2018
                                ___________
 
 Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Civil Service and Pensions
 
 AN ACT to amend the civil service law and the administrative code of the
   city of New York, in relation to the rights and working conditions  of
   emergency  medical  technicians  employed  by  the  New York city fire
   department

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  civil service law is amended by adding a new section
 215 to read as follows:
   § 215. EMERGENCY MEDICAL TECHNICIANS RIGHTS  AND  WORKING  CONDITIONS.
 1. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
 MEANINGS UNLESS OTHERWISE SPECIFIED:
   (A) "EMERGENCY MEDICAL TECHNICIAN" SHALL MEAN A PERSON EMPLOYED BY THE
 FIRE  DEPARTMENT  OF  THE  CITY  OF NEW YORK IN A TITLE WHOSE DUTIES ARE
 THOSE OF AN EMERGENCY MEDICAL TECHNICIAN OR ADVANCED  EMERGENCY  MEDICAL
 TECHNICIAN,  AS THOSE TERMS ARE DEFINED IN SECTION THREE THOUSAND ONE OF
 THE PUBLIC HEALTH LAW, OR WHOSE DUTIES REQUIRE THE DIRECT SUPERVISION OF
 SUCH EMPLOYEES WHOSE DUTIES ARE THOSE OF AN EMERGENCY MEDICAL TECHNICIAN
 OR ADVANCED EMERGENCY MEDICAL TECHNICIAN.
   (B) "DEPARTMENT" SHALL MEAN THE FIRE DEPARTMENT OF  THE  CITY  OF  NEW
 YORK.
   2. (A) AN EMERGENCY MEDICAL TECHNICIAN ENGAGED IN PREHOSPITAL EMERGEN-
 CY  MEDICAL  SERVICES  WHOSE SCHEDULED SHIFT OR HOURS WORKED IS AT LEAST
 FOUR HOURS SHALL BE AUTHORIZED AND PERMITTED TO TAKE REST PERIODS  THAT,
 TO  THE  EXTENT PRACTICABLE, SHALL BE IN THE MIDDLE OF EACH WORK PERIOD.
 THE DURATION OF SUCH AUTHORIZED REST PERIODS SHALL BE BASED ON THE TOTAL
 HOURS WORKED DAILY AT THE RATE OF TEN MINUTES REST TIME FOR  EVERY  FOUR
 HOURS  WORKED.  A  REST  PERIOD IS NOT REQUIRED FOR AN EMERGENCY MEDICAL
 TECHNICIAN WHOSE TOTAL DAILY WORK TIME IS LESS THAN FOUR HOURS.  AUTHOR-
 IZED  REST  PERIOD TIME SHALL BE COUNTED AS HOURS WORKED FOR WHICH THERE
 SHALL BE NO DEDUCTION FROM WAGES.
   (B) DURING THE AUTHORIZED REST PERIOD PROVIDED FOR  IN  THIS  SUBDIVI-
 SION,  AN  EMERGENCY  MEDICAL TECHNICIAN SHALL BE RELIEVED OF ALL DUTIES
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD15786-01-8

 S. 8432                             2
 
 AND THE DEPARTMENT SHALL RELINQUISH CONTROL OVER THE USE OF SUCH TIME BY
 SUCH EMERGENCY MEDICAL TECHNICIAN; PROVIDED, HOWEVER, THAT AN  EMERGENCY
 MEDICAL  TECHNICIAN  MAY  BE REQUIRED TO MONITOR PAGERS, RADIOS, STATION
 ALERT  BOXES,  INTERCOMS,  CELLULAR  TELEPHONES,  OR OTHER COMMUNICATION
 METHODS DURING SUCH TIME.
   (C) (I) THE DEPARTMENT MAY INTERRUPT A  REST  PERIOD  AND  REQUIRE  AN
 EMERGENCY  MEDICAL  TECHNICIAN  TO  TERMINATE HIS OR HER REST PERIOD AND
 RESUME WORK IN THE EVENT OF AN UNFORESEEABLE NATURAL OR MAN-MADE  DISAS-
 TER.
   (II)  IN  THE  EVENT  THAT  A  REST  PERIOD IS INTERRUPTED PURSUANT TO
 SUBPARAGRAPH (I) OF THIS PARAGRAPH  OR  NOT  PROVIDED  TO  AN  EMERGENCY
 MEDICAL  TECHNICIAN FOR ANY OTHER REASON, SUCH EMERGENCY MEDICAL TECHNI-
 CIAN SHALL BE PAID ONE HOUR OF PAY AT HIS OR HER REGULAR RATE OF COMPEN-
 SATION FOR EACH WORKDAY DURING WHICH A REST PERIOD IS INTERRUPTED OR NOT
 PROVIDED, AND SHALL BE PROVIDED WITH AN EQUIVALENT REST PERIOD  AS  SOON
 AS  PRACTICABLE  THEREAFTER  DURING  SUCH EMERGENCY MEDICAL TECHNICIAN'S
 SHIFT.
   (III) AT THE END OF EACH PAY PERIOD, AN EMERGENCY  MEDICAL  TECHNICIAN
 SHALL BE FURNISHED WITH AN ITEMIZED STATEMENT OF THE TOTAL HOURS PAID OR
 OWED  DUE  TO  AN  INTERRUPTED  REST  PERIOD OR REST PERIOD THAT WAS NOT
 PROVIDED IN ACCORDANCE  WITH  THIS  PARAGRAPH.  THIS  STATEMENT  MAY  BE
 INCLUDED AS PART OF THE PAYROLL STATEMENT ISSUED FOR THE PAY PERIOD.
   3. (A) AN EMERGENCY MEDICAL TECHNICIAN ENGAGED IN PREHOSPITAL EMERGEN-
 CY  MEDICAL  SERVICES  FOR A WORK PERIOD OF MORE THAN FIVE HOURS PER DAY
 SHALL BE PROVIDED A MEAL PERIOD OF NOT LESS THAN THIRTY MINUTES,  EXCEPT
 THAT  IF  THE  TOTAL WORK PERIOD PER DAY OF THE EMPLOYEE IS NO MORE THAN
 SIX HOURS, THE MEAL PERIOD MAY BE WAIVED BY MUTUAL CONSENT OF  BOTH  THE
 DEPARTMENT AND THE COLLECTIVE BARGAINING REPRESENTATIVE OF THE EMERGENCY
 MEDICAL TECHNICIAN.
   (B)  DURING THE MEAL PERIOD PROVIDED FOR IN THIS SUBDIVISION, AN EMER-
 GENCY MEDICAL TECHNICIAN SHALL BE RELIEVED OF ALL DUTIES AND THE DEPART-
 MENT SHALL RELINQUISH CONTROL OVER THE USE OF SUCH TIME BY SUCH EMERGEN-
 CY MEDICAL TECHNICIAN, EXCEPT THAT AN EMERGENCY MEDICAL  TECHNICIAN  MAY
 BE  REQUIRED  TO MONITOR PAGERS, RADIOS, STATION ALERT BOXES, INTERCOMS,
 CELLULAR TELEPHONES, OR OTHER COMMUNICATION METHODS DURING SUCH TIME.
   (C) (I) THE DEPARTMENT MAY INTERRUPT A  MEAL  PERIOD  AND  REQUIRE  AN
 EMERGENCY  MEDICAL  TECHNICIAN  TO  TERMINATE THE MEAL PERIOD AND RESUME
 WORK IN THE EVENT OF AN UNFORESEEABLE NATURAL OR MAN-MADE DISASTER.
   (II) IN THE EVENT THAT  A  MEAL  PERIOD  IS  INTERRUPTED  PURSUANT  TO
 SUBPARAGRAPH  (I)  OF  THIS  PARAGRAPH  OR  NOT PROVIDED TO AN EMERGENCY
 MEDICAL TECHNICIAN FOR ANY OTHER REASON, SUCH EMERGENCY MEDICAL  TECHNI-
 CIAN SHALL BE PAID ONE HOUR OF PAY AT HIS OR HER REGULAR RATE OF COMPEN-
 SATION  FOR  EACH WORKDAY DURING WHICH THE MEAL PERIOD IS INTERRUPTED OR
 NOT PROVIDED AS SCHEDULED, AND SHALL BE PROVIDED WITH AN EQUIVALENT MEAL
 PERIOD AS SOON AS PRACTICABLE THEREAFTER DURING SUCH  EMERGENCY  MEDICAL
 TECHNICIAN'S SHIFT.
   (III)  AT  THE END OF EACH PAY PERIOD, AN EMERGENCY MEDICAL TECHNICIAN
 SHALL BE FURNISHED WITH AN ITEMIZED STATEMENT OF THE TOTAL HOURS PAID OR
 OWED DUE TO AN INTERRUPTED MEAL PERIOD OR A MEAL  PERIOD  THAT  WAS  NOT
 PROVIDED  IN  ACCORDANCE  WITH  THIS  PARAGRAPH.  THIS  STATEMENT MAY BE
 INCLUDED AS PART OF THE PAYROLL STATEMENT ISSUED FOR THE PAY PERIOD.
   4. AN EMERGENCY MEDICAL  TECHNICIAN  WHO,  FOR  PURPOSES  OF  AWAITING
 DISPATCH, IS STATIONED AT A LOCATION WITHIN ONE THOUSAND FEET OF A FIRE-
 HOUSE  IN USE BY THE DEPARTMENT MAY CHOOSE THE FIREHOUSE AS AN ALTERNATE
 LOCATION FOR PERFORMING HIS OR HER DUTIES WHILE AWAITING DISPATCH.

 S. 8432                             3

   § 2. The administrative code of the city of New  York  is  amended  by
 adding a new section 12-140 to read as follows:
   §  12-140 EMERGENCY MEDICAL TECHNICIANS RIGHTS AND WORKING CONDITIONS.
 A. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
 MEANINGS UNLESS OTHERWISE SPECIFIED:
   (1) "EMERGENCY MEDICAL TECHNICIAN" SHALL MEAN A PERSON EMPLOYED BY THE
 FIRE DEPARTMENT OF THE CITY OF NEW YORK IN  A  TITLE  WHOSE  DUTIES  ARE
 THOSE  OF  AN EMERGENCY MEDICAL TECHNICIAN OR ADVANCED EMERGENCY MEDICAL
 TECHNICIAN, AS THOSE TERMS ARE DEFINED IN SECTION THREE THOUSAND ONE  OF
 THE PUBLIC HEALTH LAW, OR WHOSE DUTIES REQUIRE THE DIRECT SUPERVISION OF
 SUCH EMPLOYEES WHOSE DUTIES ARE THOSE OF AN EMERGENCY MEDICAL TECHNICIAN
 OR ADVANCED EMERGENCY MEDICAL TECHNICIAN.
   (2)  "DEPARTMENT"  SHALL  MEAN  THE FIRE DEPARTMENT OF THE CITY OF NEW
 YORK.
   B. (1) AN EMERGENCY MEDICAL TECHNICIAN ENGAGED IN PREHOSPITAL EMERGEN-
 CY MEDICAL SERVICES WHOSE SCHEDULED SHIFT OR HOURS WORKED  IS  AT  LEAST
 FOUR  HOURS SHALL BE AUTHORIZED AND PERMITTED TO TAKE REST PERIODS THAT,
 TO THE EXTENT PRACTICABLE, SHALL BE IN THE MIDDLE OF EACH  WORK  PERIOD.
 THE DURATION OF SUCH AUTHORIZED REST PERIODS SHALL BE BASED ON THE TOTAL
 HOURS  WORKED  DAILY AT THE RATE OF TEN MINUTES REST TIME FOR EVERY FOUR
 HOURS WORKED. A REST PERIOD IS NOT REQUIRED  FOR  AN  EMERGENCY  MEDICAL
 TECHNICIAN  WHOSE TOTAL DAILY WORK TIME IS LESS THAN FOUR HOURS. AUTHOR-
 IZED REST PERIOD TIME SHALL BE COUNTED AS HOURS WORKED FOR  WHICH  THERE
 SHALL BE NO DEDUCTION FROM WAGES.
   (2)  DURING  THE  AUTHORIZED REST PERIOD PROVIDED FOR IN THIS SUBDIVI-
 SION, AN EMERGENCY MEDICAL TECHNICIAN SHALL BE RELIEVED  OF  ALL  DUTIES
 AND THE DEPARTMENT SHALL RELINQUISH CONTROL OVER THE USE OF SUCH TIME BY
 SUCH  EMERGENCY MEDICAL TECHNICIAN, PROVIDED, HOWEVER, THAT AN EMERGENCY
 MEDICAL TECHNICIAN MAY BE REQUIRED TO MONITOR  PAGERS,  RADIOS,  STATION
 ALERT  BOXES,  INTERCOMS,  CELLULAR  TELEPHONES,  OR OTHER COMMUNICATION
 METHODS DURING SUCH TIME.
   (3) (I) THE DEPARTMENT MAY INTERRUPT A  REST  PERIOD  AND  REQUIRE  AN
 EMERGENCY  MEDICAL  TECHNICIAN  TO  TERMINATE HIS OR HER REST PERIOD AND
 RESUME WORK IN THE EVENT OF AN UNFORESEEABLE NATURAL OR MAN-MADE  DISAS-
 TER.
   (II)  IN  THE  EVENT  THAT  A  REST  PERIOD IS INTERRUPTED PURSUANT TO
 SUBPARAGRAPH (I) OF THIS PARAGRAPH  OR  NOT  PROVIDED  TO  AN  EMERGENCY
 MEDICAL  TECHNICIAN FOR ANY OTHER REASON, SUCH EMERGENCY MEDICAL TECHNI-
 CIAN SHALL BE PAID ONE HOUR OF PAY AT HIS OR HER REGULAR RATE OF COMPEN-
 SATION FOR EACH WORKDAY DURING WHICH A REST PERIOD IS INTERRUPTED OR NOT
 PROVIDED, AND SHALL BE PROVIDED WITH AN EQUIVALENT REST PERIOD  AS  SOON
 AS  PRACTICABLE  THEREAFTER  DURING  SUCH EMERGENCY MEDICAL TECHNICIAN'S
 SHIFT.
   (III) AT THE END OF EACH PAY PERIOD, AN EMERGENCY  MEDICAL  TECHNICIAN
 SHALL BE FURNISHED WITH AN ITEMIZED STATEMENT OF THE TOTAL HOURS PAID OR
 OWED  DUE  TO  AN  INTERRUPTED  REST  PERIOD OR REST PERIOD THAT WAS NOT
 PROVIDED IN ACCORDANCE  WITH  THIS  PARAGRAPH.  THIS  STATEMENT  MAY  BE
 INCLUDED AS PART OF THE PAYROLL STATEMENT ISSUED FOR THE PAY PERIOD.
   C. (1) AN EMERGENCY MEDICAL TECHNICIAN ENGAGED IN PREHOSPITAL EMERGEN-
 CY  MEDICAL  SERVICES  FOR A WORK PERIOD OF MORE THAN FIVE HOURS PER DAY
 SHALL BE PROVIDED A MEAL PERIOD OF NOT LESS THAN THIRTY MINUTES,  EXCEPT
 THAT  IF  THE  TOTAL WORK PERIOD PER DAY OF THE EMPLOYEE IS NO MORE THAN
 SIX HOURS, THE MEAL PERIOD MAY BE WAIVED BY MUTUAL CONSENT OF  BOTH  THE
 DEPARTMENT AND THE COLLECTIVE BARGAINING REPRESENTATIVE OF THE EMERGENCY
 MEDICAL TECHNICIAN.

 S. 8432                             4
 
   (2)  DURING THE MEAL PERIOD PROVIDED FOR IN THIS SUBDIVISION, AN EMER-
 GENCY MEDICAL TECHNICIAN SHALL BE RELIEVED OF ALL DUTIES AND THE DEPART-
 MENT SHALL RELINQUISH CONTROL OVER THE USE OF SUCH TIME BY SUCH EMERGEN-
 CY MEDICAL TECHNICIAN, EXCEPT THAT AN EMERGENCY MEDICAL  TECHNICIAN  MAY
 BE  REQUIRED  TO MONITOR PAGERS, RADIOS, STATION ALERT BOXES, INTERCOMS,
 CELLULAR TELEPHONES, OR OTHER COMMUNICATION METHODS DURING SUCH TIME.
   (3) (I) THE DEPARTMENT MAY INTERRUPT A  MEAL  PERIOD  AND  REQUIRE  AN
 EMERGENCY  MEDICAL  TECHNICIAN  TO  TERMINATE THE MEAL PERIOD AND RESUME
 WORK IN THE EVENT OF AN UNFORESEEABLE NATURAL OR MAN-MADE DISASTER.
   (II) IN THE EVENT THAT  A  MEAL  PERIOD  IS  INTERRUPTED  PURSUANT  TO
 SUBPARAGRAPH  (I)  OF  THIS  PARAGRAPH  OR  NOT PROVIDED TO AN EMERGENCY
 MEDICAL TECHNICIAN FOR ANY OTHER REASON, SUCH EMERGENCY MEDICAL  TECHNI-
 CIAN SHALL BE PAID ONE HOUR OF PAY AT HIS OR HER REGULAR RATE OF COMPEN-
 SATION  FOR  EACH WORKDAY DURING WHICH THE MEAL PERIOD IS INTERRUPTED OR
 NOT PROVIDED AS SCHEDULED, AND SHALL BE PROVIDED WITH AN EQUIVALENT MEAL
 PERIOD AS SOON AS PRACTICABLE THEREAFTER DURING SUCH  EMERGENCY  MEDICAL
 TECHNICIAN'S SHIFT.
   (III)  AT  THE END OF EACH PAY PERIOD, AN EMERGENCY MEDICAL TECHNICIAN
 SHALL BE FURNISHED WITH AN ITEMIZED STATEMENT OF THE TOTAL HOURS PAID OR
 OWED DUE TO AN INTERRUPTED MEAL PERIOD OR A MEAL  PERIOD  THAT  WAS  NOT
 PROVIDED  IN  ACCORDANCE  WITH  THIS  PARAGRAPH.  THIS  STATEMENT MAY BE
 INCLUDED AS PART OF THE PAYROLL STATEMENT ISSUED FOR THE PAY PERIOD.
   D. AN EMERGENCY MEDICAL  TECHNICIAN  WHO,  FOR  PURPOSES  OF  AWAITING
 DISPATCH, IS STATIONED AT A LOCATION WITHIN ONE THOUSAND FEET OF A FIRE-
 HOUSE  IN USE BY THE DEPARTMENT MAY CHOOSE THE FIREHOUSE AS AN ALTERNATE
 LOCATION FOR PERFORMING HIS OR HER DUTIES WHILE AWAITING DISPATCH.
   § 3. This act shall take effect immediately.

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Senate Bill S8432

Sponsored By

Archive: Last Bill Status - In Senate Committee Civil Service And Pensions Committee

2017-S8432 (ACTIVE) - Details

2017-S8432 (ACTIVE) - Summary

2017-S8432 (ACTIVE) - Sponsor Memo

2017-S8432 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8432

Share this bill

Sponsored By

Martin J. Golden

Archive: Last Bill Status - In Senate Committee Civil Service And Pensions Committee

2017-S8432 (ACTIVE) - Details

2017-S8432 (ACTIVE) - Summary

2017-S8432 (ACTIVE) - Sponsor Memo

2017-S8432 (ACTIVE) - Bill Text download pdf

Comments