NY State Senate Bill S8617B

Archive: Last Bill Status - Signed by Governor

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

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Actions

view actions (19)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Sep 07, 2020	approval memo.7 signed chap.168 delivered to governor
Jul 23, 2020	returned to senate passed assembly ordered to third reading rules cal.349 substituted for a10832 referred to ways and means delivered to assembly passed senate
Jul 22, 2020	ordered to third reading cal.930
Jul 21, 2020	reported and committed to rules
Jul 20, 2020	reported and committed to finance
Jul 17, 2020	print number 8617b
Jul 17, 2020	amend and recommit to labor
Jul 15, 2020	print number 8617a
Jul 15, 2020	amend (t) and recommit to labor
Jul 13, 2020	committee discharged and committed to labor
Jun 22, 2020	referred to rules

Votes

view votes

Jul 23, 2020 - floor Vote

S8617B

floor

Aye

Nay

Absent

Excused

Abstained

Jul 22, 2020 - Rules committee Vote

S8617B

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Jul 21, 2020 - Finance committee Vote

S8617B

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Jul 20, 2020 - Labor committee Vote

S8617A

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Bill Amendments

Original

B (Active)

Original

B (Active)

Co-Sponsors

S8617 - Details

See Assembly Version of this Bill:: A10832
Law Section:: Labor Law
Laws Affected:: Add §27-c, amd §27-a, Lab L; amd §2801-a, Ed L

S8617 - Summary

Requires public employers to adopt a plan for operations in the event of a declared public health emergency involving a communicable disease which shall include identification of essential personnel, needed personal protective equipment, staggering work shifts and providing necessary technology for telecommuting.

S8617 - Sponsor Memo

 
BILL NUMBER: S8617

SPONSOR: GOUNARDES
 
TITLE OF BILL:

An act requiring public employers to adopt a plan for operations in the
event of a declared public health emergency involving a communicable
disease

 
PURPOSE OR GENERAL IDEA OF BILL:

To ensure that public employers are better prepared for the next global
health pandemic by requiring the drafting and publication of a plan that
will safeguard employee's health and welfare

 
SUMMARY OF PROVISIONS:

Section one of the bill sets definitions.

Section two of the bill provides that all public employers shall prepare
a plan for the continuation of operations in the event of a public

health emergency within 90 days of the effective date of this act.

Section three outlines necessary provisions to be included in the plans.
Section four provides details on the drafting and publication of the
plans.

Section five provides that the department of labor shall create a
hotline and webpage through which whistleblowers can submit complaints
of public employers not following the plans.

Section six provides that this act shall not be deemed to diminish a
collective bargaining agreement.

Section seven provides the effective date.

 
JUSTIFICATION:

The employees of New York's public agencies and departments have emerged
as the true heroes of COVID-19. Most New Yorkers will remember our state
and city's lawyers, teachers, social workers, healthcare workers, EMS
medics, corrections officers, firefighters and more for their service at
the peak of the pandemic and contributions to the state's recovery. And
yet, one of the great stories of COVID-19, the chaos and confusion that
came to characterize the daily reality of public workplaces, has been at
best only partially told.

While the private sector received clear guidance from the state on what
counts as "essential" after the Governor's executive orders on reduction
of workforce, New York's public sector did not. Civil servants across
the state were left wondering why they were forced to report to work for
a job that could easily have been done from home - only to discover that
the designation of "essential" vs.  "non-essential" was left entirely up
to their agencies. Many agencies had never taken the necessary steps to
allow their employees to telecommute, and so deemed everyone "essential"
simply to continue operations. Other employees who truly did not have
the option to work from home, including much of our uniformed workforce,
faced conflicting directions about when to report to work after
contracting the virus. Upon discovering that one of their coworkers had
fallen ill, those still on the job had to beg managers to have shared
workspaces and equipment disinfected. In one of the better-documented
sagas, scores of public employees faced a shortage of personal protec-
tive equipment (PPE) and were barred from bringing their own.

Our public workforce deserves better than this. This bill will work to
protect the health and safety of New York civil servants by mandating
that employers across the state work with employee organizations to
draft and publish contingency plans for declared public health emergen-
cies before they hit. The plans must include, at a minimum, a thoughtful
explanation of who is and isn't essential, a description of what the
employer will do to ensure maximum telecommuting for those who are able
to do so, and certain tangible steps to be taken to protect those who
are not. By thinking through these details ahead of time, we hope to
help public workplaces better prepare for the next global health crisis.
The drafting and publication of these plans will help assure the public
workforce that their well-being is a top priority for the state.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
This act shall take effect immediately.

S8617 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8617
 
                             I N  S E N A T E
 
                               June 22, 2020
                                ___________
 
 Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN  ACT requiring public employers to adopt a plan for operations in the
   event of a declared public health emergency involving  a  communicable
   disease
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Definitions. For the purposes of this act:
   1. "Personal protective equipment" shall mean all  equipment  worn  to
 minimize  exposure  to  hazards,  including gloves, masks, face shields,
 foot and eye protection, protective hearing devices,  respirators,  hard
 hats, and disposable gowns and aprons.
   2. "Public employer" or "employer" shall mean the state of New York, a
 county,  city, town, village or any other political subdivision or civil
 division of the state, a public authority, commission or public  benefit
 corporation, or any other public corporation, agency, instrumentality or
 unit  of government which exercises governmental power under the laws of
 this state.
   3. "Contractor" shall mean an individual performing services as  party
 to  a  contract  awarded  by  the  state of New York or any other public
 employer defined in subdivision two of this section.
   4. "Essential" shall refer to a designation made that a public employ-
 ee or contractor is required to be physically present at a work site  to
 perform his or her job.
   5.  "Non-essential"  shall  refer  to a designation made that a public
 employee or contractor is not required to be  physically  present  at  a
 work site to perform his or her job.
   6.  "Communicable  disease"  shall mean an illness caused by an infec-
 tious agent or its toxins that occurs through  the  direct  or  indirect
 transmission  of  the  infectious agent or its products from an infected
 individual or via an animal, vector or the inanimate  environment  to  a
 susceptible animal or human host.
   §  2.  Each  public  employer in the state of New York shall prepare a
 plan for the continuation of operations in the event that  the  governor

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD16049-05-0

 S. 8617                             2
 
 declares  a  public  health  emergency involving a communicable disease.
 Such plans shall be completed within ninety days of the  effective  date
 of  this  act and shall follow the provisions for review and publication
 as prescribed in section four of this act.
   §  3.  The operations plan required by this act shall include, but not
 be limited to:
   1. A list and description of positions and titles considered essential
 in the event of a state-ordered reduction of in-person workforce, and  a
 justification   of  such  consideration  for  each  position  and  title
 included.
   2. A specific description of protocols the  employer  will  follow  in
 order  to enable all non-essential employees and contractors to telecom-
 mute including, but not limited to, the procurement and distribution  of
 office  laptops, desktops and cell phones, as necessary, the downloading
 and installation of any needed software or data, and the transferring of
 office phone lines to work or personal cell phones.
   3. A description of how the employer will,  to  the  extent  possible,
 stagger  work  shifts of essential employees and contractors in order to
 reduce overcrowding on public transportation systems and at worksites.
   4. An estimated number of additional  parking  permits  that  will  be
 required for essential employees and contractors and a detailed plan for
 how  the  employer will procure such permits from state or local govern-
 ments.
   5. A description of how the  employer  will  procure  the  appropriate
 personal  protective  equipment for essential employees and contractors,
 based upon the various tasks and needs of such employees and contractors
 in a quantity sufficient to provide at least two pieces of each type  of
 personal  protective equipment to each essential employee and contractor
 during any given work shift over at least six months.  Such  description
 shall  also  include  a  plan  for  storage of such equipment to prevent
 degradation and permit immediate access in the  event  of  an  emergency
 declaration.
   6.  A  protocol  for  actions  to be taken in the event an employee or
 contractor is exposed to a known case of the communicable  disease  that
 is the subject of the public health emergency, exhibits symptoms of such
 disease, and/or tests positive for such disease. Such protocols shall be
 designed  to  accomplish  immediate testing, treatment, and isolation or
 quarantine of sick or exposed employees and contractors.  Such  protocol
 shall  also  detail  actions  to  be taken to immediately and thoroughly
 disinfect the work area of any employee or contractor known or suspected
 to be infected with the communicable disease as well as any common  area
 surface  and  shared  equipment  such  employee  or  contractor may have
 touched.
   7. A protocol  for  documenting  precise  hours  and  work  locations,
 including off-site visits, for essential employees and contractors. Such
 protocol  shall  be  designed  to  aid in tracking of the disease and to
 identify the population of exposed employees and contractors in order to
 facilitate the provision of any  benefits  which  may  be  available  to
 certain employees and contractors on that basis.
   8.  A protocol for how the public employer will work with such employ-
 er's locality to identify sites  for  emergency  housing  for  essential
 employees  in  order  to  further contain the spread of the communicable
 disease that is the subject of the declared emergency.
   § 4. Once  drafted,  each  public  employer  shall  present  the  plan
 described in this act to the duly recognized or certified representative
 of the employer's employees, who shall then be granted an opportunity to

 S. 8617                             3
 
 edit  such  plan  as  the  representative  sees fit. A copy of the final
 version of such plan shall then be  submitted  to  both  houses  of  the
 legislature  and  published  in  a  clear  and conspicuous manner on the
 employer's website.
   § 5. Within ninety days of the effective date of this act, the depart-
 ment  of  labor  shall  create a telephone hotline and dedicated webpage
 through which any individual may report alleged or  believed  violations
 of any provision of the plans described in this act for investigation by
 the  department.  Such  webpage  and  hotline shall allow individuals to
 report alleged or believed violations anonymously.
   § 6. Nothing in this act shall be deemed to impede, infringe, diminish
 or impair the rights of a public employee or  employer  under  any  law,
 rule, regulation or collectively negotiated agreement, or the rights and
 benefits  which accrue to employees through collective bargaining agree-
 ments, or otherwise diminish the integrity of  the  existing  collective
 bargaining  relationship,  or  to  prohibit  any  personnel action which
 otherwise would have been taken regardless of any  request  to  use,  or
 utilization of, any leave provided by this act.
   § 7. This act shall take effect immediately.

Co-Sponsors

S8617A - Details

See Assembly Version of this Bill:: A10832
Law Section:: Labor Law
Laws Affected:: Add §27-c, amd §27-a, Lab L; amd §2801-a, Ed L

S8617A - Summary

S8617A - Sponsor Memo

 
BILL NUMBER: S8617A

SPONSOR: GOUNARDES
 
TITLE OF BILL:

An act to amend the labor law, in relation to requiring public employers
to adopt a plan for operations in the event of a declared public health
emergency involving a communicable disease; and to amend the education
law, in relation to certain protocols for responding to a declared
public health emergency involving a communicable disease

 
PURPOSE OR GENERAL IDEA OF BILL:

To ensure that public employers are better prepared for the next global
health pandemic by requiring the drafting and publication of a plan that
will safeguard employee's health and welfare

 
SUMMARY OF PROVISIONS:

Section one of the bill adds a new section 27-c to the Labor Law to
provide that public employers shall prepare a plan for the continuation

of operations in the event of a public health emergency and outlines the
necessary provisions to be included in such plans.

Section two of the bill adds a new subdivision 6-a to Section 27-a of
the Labor Law to provide that the Department of Labor shall create a
dedicated webpage and hotline through which individuals can report
health and safety violations at public worksites related to a pandemic.

Section three amends section 2801-a of the education law to include
educational employers in the bill.

Section four sets the effective date of 30 days.

 
JUSTIFICATION:

The employees of New York's public agencies and departments have emerged
as the true heroes of COVID-19. Most New Yorkers will remember our state
and city's lawyers, teachers, social workers, healthcare workers, EMS
medics, corrections officers, firefighters and more for their service at
the peak of the pandemic and contributions to the state's recovery. And
yet, one of the great stories of COVID-19, the chaos and confusion that
came to characterize the daily reality of public workplaces, has been at
best only partially told.

While the private sector received clear guidance from the state on what
counts as "essential" after the Governor's executive orders on reduction
of workforce, New York's public sector did not. Civil servants across
the state were left wondering why they were forced to report to work for
a job that could easily have been done from home - only to discover that
the designation of "essential" vs.  "non-essential" was left entirely up
to their managers. Many agencies had never taken the necessary steps to
allow their employees to telecommute, and so deemed everyone "essential"
simply to continue operations. Other employees who truly did not have
the option to work from home, including much of our uniformed workforce,
faced conflicting directions about when to report to work after
contracting the virus. Upon discovering that one of their coworkers had
fallen ill, those still on the job had to beg managers to have shared
workspaces and equipment disinfected. In one of the better-documented
sagas, scores of public employees faced a shortage of personal protec-
tive equipment (PPE) and were barred from bringing their own.

Our public workforce deserves better than this. This bill will work to
protect the health and safety of New York civil servants by mandating
that employers across the state work with employee organizations to
draft and publish contingency plans for declared public health emergen-
cies before they hit. The plans must include, at a minimum, a thoughtful
explanation of who is and isn't essential, a description of what the
employer will do to ensure maximum telecommuting for those who are able
to do so, and certain tangible steps to be taken to protect those who
are not. By thinking through these details ahead of time, we hope to
help public workplaces better prepare for the next global health crisis.
The drafting and publication of these plans will help assure the public
workforce that their well-being is a top priority for the state.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
This act shall take effect immediately provided that hotline, webpage
and operational plans shall be completed and published within 30 days.

S8617A - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8617--A
 
                             I N  S E N A T E
 
                               June 22, 2020
                                ___________
 
 Introduced  by Sens. GOUNARDES, HOYLMAN, LIU, MYRIE, RAMOS -- read twice
   and ordered printed, and when printed to be committed to the Committee
   on Rules -- committee  discharged  and  said  bill  committed  to  the
   Committee  on  Labor  --  committee  discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee

 AN ACT to amend the labor law, in relation to requiring public employers
   to adopt a plan for operations in  the  event  of  a  declared  public
   health  emergency  involving  a communicable disease; and to amend the
   education law, in relation to certain protocols for  responding  to  a
   declared public health emergency involving a communicable disease
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The labor law is amended by adding a new  section  27-c  to
 read as follows:
   §  27-C.  DUTY  OF  PUBLIC EMPLOYERS TO DEVELOP OPERATION PLANS IN THE
 EVENT OF CERTAIN DECLARED PUBLIC HEALTH EMERGENCIES.  1.    DEFINITIONS.
 FOR THE PURPOSES OF THIS SECTION:
   A.  "PERSONAL  PROTECTIVE  EQUIPMENT" SHALL MEAN ALL EQUIPMENT WORN TO
 MINIMIZE EXPOSURE TO HAZARDS, INCLUDING  GLOVES,  MASKS,  FACE  SHIELDS,
 FOOT  AND  EYE PROTECTION, PROTECTIVE HEARING DEVICES, RESPIRATORS, HARD
 HATS, AND DISPOSABLE GOWNS AND APRONS.
   B. "PUBLIC EMPLOYER" OR "EMPLOYER" SHALL MEAN THE STATE OF NEW YORK, A
 COUNTY, CITY, TOWN, VILLAGE OR ANY OTHER POLITICAL SUBDIVISION OR  CIVIL
 DIVISION  OF THE STATE, A PUBLIC AUTHORITY, COMMISSION OR PUBLIC BENEFIT
 CORPORATION, OR ANY OTHER PUBLIC CORPORATION, AGENCY, INSTRUMENTALITY OR
 UNIT OF GOVERNMENT WHICH EXERCISES GOVERNMENTAL POWER UNDER THE LAWS  OF
 THIS  STATE,  PROVIDED, HOWEVER, THAT THIS SUBDIVISION SHALL NOT INCLUDE
 ANY EMPLOYER AS DEFINED IN SECTION TWENTY-EIGHT  HUNDRED  ONE-A  OF  THE
 EDUCATION LAW.
   C.  "CONTRACTOR" SHALL MEAN AN INDIVIDUAL PERFORMING SERVICES AS PARTY
 TO A CONTRACT AWARDED BY THE STATE OF  NEW  YORK  OR  ANY  OTHER  PUBLIC
 EMPLOYER DEFINED IN PARAGRAPH B OF THIS SUBDIVISION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD16049-09-0

 S. 8617--A                          2
 
   D. "ESSENTIAL" SHALL REFER TO A DESIGNATION MADE THAT A PUBLIC EMPLOY-
 EE  OR CONTRACTOR IS REQUIRED TO BE PHYSICALLY PRESENT AT A WORK SITE TO
 PERFORM HIS OR HER JOB.
   E.  "NON-ESSENTIAL"  SHALL  REFER  TO A DESIGNATION MADE THAT A PUBLIC
 EMPLOYEE OR CONTRACTOR IS NOT REQUIRED TO BE  PHYSICALLY  PRESENT  AT  A
 WORK SITE TO PERFORM HIS OR HER JOB.
   F.  "COMMUNICABLE  DISEASE"  SHALL MEAN AN ILLNESS CAUSED BY AN INFEC-
 TIOUS AGENT OR ITS TOXINS THAT OCCURS THROUGH  THE  DIRECT  OR  INDIRECT
 TRANSMISSION  OF  THE  INFECTIOUS AGENT OR ITS PRODUCTS FROM AN INFECTED
 INDIVIDUAL OR VIA AN ANIMAL, VECTOR OR THE INANIMATE  ENVIRONMENT  TO  A
 SUSCEPTIBLE ANIMAL OR HUMAN HOST.
   G.   "RETALIATORY   ACTION"  SHALL  MEAN  THE  DISCHARGE,  SUSPENSION,
 DEMOTION, PENALIZATION, OR DISCRIMINATION AGAINST ANY EMPLOYEE, OR OTHER
 ADVERSE EMPLOYMENT ACTION TAKEN AGAINST AN EMPLOYEE  IN  THE  TERMS  AND
 CONDITIONS OF EMPLOYMENT.
   2.  EACH PUBLIC EMPLOYER IN THE STATE OF NEW YORK SHALL PREPARE A PLAN
 FOR THE CONTINUATION OF  OPERATIONS  IN  THE  EVENT  THAT  THE  GOVERNOR
 DECLARES  A  PUBLIC  HEALTH  EMERGENCY INVOLVING A COMMUNICABLE DISEASE.
 SUCH PLANS SHALL FOLLOW THE PROVISIONS FOR  REVIEW  AND  PUBLICATION  AS
 PRESCRIBED IN SUBDIVISION FOUR OF THIS SECTION.
   3. THE OPERATIONS PLAN REQUIRED BY THIS SECTION SHALL INCLUDE, BUT NOT
 BE LIMITED TO:
   A. A LIST AND DESCRIPTION OF POSITIONS AND TITLES CONSIDERED ESSENTIAL
 IN  THE EVENT OF A STATE-ORDERED REDUCTION OF IN-PERSON WORKFORCE, AND A
 JUSTIFICATION  OF  SUCH  CONSIDERATION  FOR  EACH  POSITION  AND   TITLE
 INCLUDED.
   B.  A  SPECIFIC  DESCRIPTION  OF PROTOCOLS THE EMPLOYER WILL FOLLOW IN
 ORDER TO ENABLE ALL NON-ESSENTIAL EMPLOYEES AND CONTRACTORS TO  TELECOM-
 MUTE  INCLUDING,  BUT  NOT  LIMITED  TO,  FACILITATING OR REQUESTING THE
 PROCUREMENT, DISTRIBUTION, DOWNLOADING AND INSTALLATION  OF  ANY  NEEDED
 DEVICES  OR TECHNOLOGY, INCLUDING SOFTWARE, DATA, OFFICE LAPTOPS OR CELL
 PHONES, AND THE TRANSFERRING OF OFFICE PHONE LINES TO WORK  OR  PERSONAL
 CELL PHONES AS PRACTICABLE OR APPLICABLE TO THE WORKPLACE.
   C.  A  DESCRIPTION  OF  HOW THE EMPLOYER WILL, TO THE EXTENT POSSIBLE,
 STAGGER WORK SHIFTS OF ESSENTIAL EMPLOYEES AND CONTRACTORS IN  ORDER  TO
 REDUCE OVERCROWDING ON PUBLIC TRANSPORTATION SYSTEMS AND AT WORKSITES.
   D.  A DESCRIPTION OF THE PROTOCOL THE EMPLOYER WILL IMPLEMENT IN ORDER
 TO PROCURE THE APPROPRIATE PERSONAL PROTECTIVE EQUIPMENT  FOR  ESSENTIAL
 EMPLOYEES  AND  CONTRACTORS,  BASED  UPON THE VARIOUS TASKS AND NEEDS OF
 SUCH EMPLOYEES AND CONTRACTORS IN A QUANTITY SUFFICIENT  TO  PROVIDE  AT
 LEAST  TWO  PIECES OF EACH TYPE OF PERSONAL PROTECTIVE EQUIPMENT TO EACH
 ESSENTIAL EMPLOYEE AND CONTRACTOR DURING ANY GIVEN WORK  SHIFT  OVER  AT
 LEAST SIX MONTHS. SUCH DESCRIPTION SHALL ALSO INCLUDE A PLAN FOR STORAGE
 OF  SUCH EQUIPMENT TO PREVENT DEGRADATION AND PERMIT IMMEDIATE ACCESS IN
 THE EVENT OF AN EMERGENCY DECLARATION.
   E. A DESCRIPTION OF THE PROTOCOL IN THE EVENT AN EMPLOYEE OR  CONTRAC-
 TOR  IS  EXPOSED TO A KNOWN CASE OF THE COMMUNICABLE DISEASE THAT IS THE
 SUBJECT OF THE  PUBLIC  HEALTH  EMERGENCY,  EXHIBITS  SYMPTOMS  OF  SUCH
 DISEASE,  OR  TESTS  POSITIVE  FOR  SUCH DISEASE IN ORDER TO PREVENT THE
 SPREAD OR CONTRACTION OF SUCH DISEASE IN THE  WORKPLACE.  SUCH  PROTOCOL
 SHALL  ALSO  DETAIL  ACTIONS  TO  BE TAKEN TO IMMEDIATELY AND THOROUGHLY
 DISINFECT THE WORK AREA OF ANY EMPLOYEE OR CONTRACTOR KNOWN OR SUSPECTED
 TO BE INFECTED WITH THE COMMUNICABLE DISEASE AS WELL AS ANY COMMON  AREA
 SURFACE  AND  SHARED  EQUIPMENT  SUCH  EMPLOYEE  OR  CONTRACTOR MAY HAVE
 TOUCHED, AND THE EMPLOYER POLICY ON AVAILABLE LEAVE IN THE EVENT OF  THE
 NEED OF AN EMPLOYEE TO RECEIVE TESTING, TREATMENT, ISOLATION, OR QUARAN-

 S. 8617--A                          3

 TINE.  SUCH PROTOCOL SHALL NOT INVOLVE ANY ACTION THAT WOULD VIOLATE ANY
 EXISTING FEDERAL, STATE, OR LOCAL LAW, INCLUDING REGARDING SICK LEAVE OR
 HEALTH INFORMATION PRIVACY.
   F.  A  PROTOCOL  FOR  DOCUMENTING  PRECISE  HOURS  AND WORK LOCATIONS,
 INCLUDING OFF-SITE VISITS, FOR ESSENTIAL EMPLOYEES AND CONTRACTORS. SUCH
 PROTOCOL SHALL BE DESIGNED TO AID IN TRACKING  OF  THE  DISEASE  AND  TO
 IDENTIFY THE POPULATION OF EXPOSED EMPLOYEES AND CONTRACTORS IN ORDER TO
 FACILITATE  THE  PROVISION  OF  ANY  BENEFITS  WHICH MAY BE AVAILABLE TO
 CERTAIN EMPLOYEES AND CONTRACTORS ON THAT BASIS.
   G. A PROTOCOL FOR HOW THE PUBLIC EMPLOYER WILL WORK WITH SUCH  EMPLOY-
 ER'S  LOCALITY  TO  IDENTIFY  SITES  FOR EMERGENCY HOUSING FOR ESSENTIAL
 EMPLOYEES IN ORDER TO FURTHER CONTAIN THE  SPREAD  OF  THE  COMMUNICABLE
 DISEASE  THAT  IS  THE  SUBJECT OF THE DECLARED EMERGENCY, TO THE EXTENT
 APPLICABLE TO THE NEEDS OF THE WORKPLACE.
   4. ONCE DRAFTED, EACH PUBLIC EMPLOYER SHALL PRESENT THE PLAN DESCRIBED
 IN THIS SECTION TO ALL APPLICABLE DULY RECOGNIZED OR CERTIFIED REPRESEN-
 TATIVES OF THE EMPLOYER'S EMPLOYEES, WHO SHALL THEN BE GRANTED AN OPPOR-
 TUNITY TO REVIEW THE PLAN AND MAKE  RECOMMENDATIONS,  IF  ANY,  PROVIDED
 THAT NOTHING SHALL PRECLUDE SUCH REPRESENTATIVES FROM MAKING SUCH RECOM-
 MENDATIONS PRIOR TO THE DRAFT BEING COMPLETED. THE EMPLOYER MUST CONSID-
 ER  AND RESPOND TO SUCH RECOMMENDATIONS WITHIN A REASONABLE TIMEFRAME. A
 COPY OF THE FINAL VERSION OF SUCH PLAN SHALL  THEN  BE  PUBLISHED  IN  A
 CLEAR  AND  CONSPICUOUS  LOCATION,  AND IN THE EMPLOYEE HANDBOOK, TO THE
 EXTENT THAT THE EMPLOYER PROVIDES SUCH HANDBOOK TO ITS EMPLOYEES, AND IN
 A LOCATION ACCESSIBLE ON EITHER THE EMPLOYER'S WEBSITE OR ON THE  INTER-
 NET  ACCESSIBLE  BY EMPLOYEES. NO EMPLOYER SHALL TAKE RETALIATORY ACTION
 AGAINST ANY EMPLOYEE FOR MAKING SUGGESTIONS OR RECOMMENDATIONS REGARDING
 THE CONTENT OF THE PLAN.
   5. THE DEPARTMENT SHALL  ESTABLISH  PROCEDURES  TO  ALLOW  FOR  PUBLIC
 EMPLOYEES  OR  CONTRACT  WORKERS TO CONTACT AND INFORM THE DEPARTMENT OF
 ANY ALLEGED OR BELIEVED VIOLATIONS OF ANY OF THE PROVISIONS DESCRIBED IN
 THIS SECTION.
   6. NOTHING IN THIS SECTION SHALL BE DEEMED TO IMPEDE, INFRINGE, DIMIN-
 ISH OR IMPAIR THE RIGHTS OF A PUBLIC EMPLOYEE OR EMPLOYER UNDER ANY LAW,
 RULE, REGULATION OR COLLECTIVELY NEGOTIATED AGREEMENT, OR THE RIGHTS AND
 BENEFITS WHICH ACCRUE TO EMPLOYEES THROUGH COLLECTIVE BARGAINING  AGREE-
 MENTS,  OR  OTHERWISE  DIMINISH THE INTEGRITY OF THE EXISTING COLLECTIVE
 BARGAINING RELATIONSHIP.
   § 2. Section 27-a of the labor law is amended by adding a new subdivi-
 sion 6-a to read as follows:
   6-A. FORM OF COMPLAINTS. THE DEPARTMENT SHALL  ESTABLISH  A  DEDICATED
 WEBPAGE  AND  HOTLINE THROUGH WHICH ANY PUBLIC EMPLOYEE UNDER THE JURIS-
 DICTION OF THIS SECTION OR CONTRACTOR AS DEFINED BY  THE  CHAPTER  WHICH
 ADDED  THIS SUBDIVISION MAY REPORT ALLEGED OR BELIEVED VIOLATIONS OF ANY
 STATE LAW, REGULATION, RULE OR GUIDANCE RELATED TO  OCCUPATIONAL  HEALTH
 AND  SAFETY  INVOLVING A COMMUNICABLE DISEASE, INCLUDING BUT NOT LIMITED
 TO THE NOVEL CORONAVIRUS COVID-19. SUCH WEBPAGE AND HOTLINE SHALL  ALLOW
 INDIVIDUALS TO REPORT ALLEGED OR BELIEVED VIOLATIONS ANONYMOUSLY.
   §  3.  Paragraphs  k  and  l of subdivision 2 of section 2801-a of the
 education law, as amended by section 1 of part B of chapter  56  of  the
 laws of 2016, are amended to read as follows:
   k.  a  description of the duties of hall monitors and any other school
 safety personnel, the training required of all  personnel  acting  in  a
 school  security  capacity, and the hiring and screening process for all
 personnel acting in a school security capacity; [and]

 S. 8617--A                          4
 
   l. the designation of the superintendent, or  superintendent's  desig-
 nee,  as the district chief emergency officer responsible for coordinat-
 ing communication between school staff and  law  enforcement  and  first
 responders, and ensuring staff understanding of the district-level safe-
 ty  plan.  The  chief  emergency  officer  shall also be responsible for
 ensuring the completion and yearly updating of building-level  emergency
 response plans; OR
   M.  PROTOCOLS  FOR  RESPONDING  TO  A DECLARED PUBLIC HEALTH EMERGENCY
 INVOLVING A COMMUNICABLE DISEASE THAT ARE SUBSTANTIALLY CONSISTENT  WITH
 THE PROVISIONS OF SECTION TWENTY-SEVEN-C OF THE LABOR LAW.
   §  4.  This  act shall take effect immediately; provided, however that
 the operation plans in the event of certain declared public health emer-
 gencies established pursuant to section 27-c of the labor law  shall  be
 finalized and published, the hotline and webpage established pursuant to
 section 27-a of the labor law shall be functional, and the protocols for
 responding  to a declared public health emergency involving a communica-
 ble disease pursuant to paragraph m of subdivision 2 of  section  2801-a
 of  the education law shall be established and functional within 30 days
 of the effective date of this act.

Co-Sponsors

view additional co-sponsors

S8617B (ACTIVE) - Details

See Assembly Version of this Bill:: A10832
Law Section:: Labor Law
Laws Affected:: Add §27-c, amd §27-a, Lab L; amd §2801-a, Ed L

S8617B (ACTIVE) - Summary

S8617B (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S8617B

SPONSOR: GOUNARDES
 
TITLE OF BILL:

An act to amend the labor law, in relation to requiring public employers
to adopt a plan for operations in the event of a declared public health
emergency involving a communicable disease; and to amend the education
law, in relation to certain protocols for responding to a declared
public health emergency involving a communicable disease

 
PURPOSE OR GENERAL IDEA OF BILL:

To ensure that public employers are better prepared for the next global
health pandemic by requiring the drafting and publication of a plan that
will safeguard employee's health and welfare

 
SUMMARY OF PROVISIONS:

Section one of the bill adds a new section 27-c to the Labor Law to
provide that public employers shall prepare a plan for the continuation

of operations in the event of a public health emergency and outlines the
necessary provisions to be included in such plans.

Section two of the bill adds a new subdivision 6-a to Section 27-a of
the Labor Law to provide that the Department of Labor shall create a
dedicated webpage and hotline through which individuals can report
health and safety violations at public worksites related to a pandemic.

Section three amends section 2801-a of the education law to include
educational employers in the bill.

Section four sets the effective date of 30 days.

 
JUSTIFICATION:

The employees of New York's public agencies and departments have emerged
as the true heroes of COVID-19. Most New Yorkers will remember our state
and city's lawyers, teachers, social workers, healthcare workers, EMS
medics, corrections officers, firefighters and more for their service at
the peak of the pandemic and contributions to the state's recovery. And
yet, one of the great stories of COVID-19, the chaos and confusion that
came to characterize the daily reality of public workplaces, has been at
best only partially told.

While the private sector received clear guidance from the state on what
counts as "essential" after the Governor's executive orders on reduction
of workforce, New York's public sector did not. Civil servants across
the state were left wondering why they were forced to report to work for
a job that could easily have been done from home - only to discover that
the designation of "essential" vs. "non-essential" was left entirely up
to their managers. Many agencies had never taken the necessary steps to
allow their employees to telecommute, and so deemed everyone "essential"
simply to continue operations. Other employees who truly did not have
the option to work from home, including much of our uniformed workforce,
faced conflicting directions about when to report to work after
contracting the virus.  Upon discovering that one of their coworkers had
fallen ill, those still on the job had to beg managers to have shared
workspaces and equipment disinfected. In one of the better-documented
sagas, scores of public employees faced a shortage of personal protec-
tive equipment (PPE) and were barred from bringing their own.

Our public workforce deserves better than this. This bill will work to
protect the health and safety of New York civil servants by mandating
that employers across the state work with employee organizations to
draft and publish contingency plans for declared public health emergen-
cies before they hit. The plans must include, at a minimum, a thoughtful
explanation of who is and isn't essential, a description of what the
employer will do to ensure maximum telecommuting for those who are able
to do so, and certain tangible steps to be taken to protect those who
are not. By thinking through these details ahead of time, we hope to
help public workplaces better prepare for the next global health crisis.
The drafting and publication of these plans will help assure the public
workforce that their well-being is a top priority for the state.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
This act shall take effect immediately provided that hotline, webpage
and operational plans shall be completed and published within 30 days.

S8617B (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8617--B
 
                             I N  S E N A T E
 
                               June 22, 2020
                                ___________
 
 Introduced  by  Sens.  GOUNARDES,  BAILEY, HOYLMAN, LIU, MYRIE, RAMOS --
   read twice and ordered printed, and when printed to  be  committed  to
   the Committee on Rules -- committee discharged and said bill committed
   to  the  Committee  on  Labor  --  committee discharged, bill amended,
   ordered reprinted as amended and  recommitted  to  said  committee  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 AN ACT to amend the labor law, in relation to requiring public employers
   to adopt a plan for operations in  the  event  of  a  declared  public
   health  emergency  involving  a communicable disease; and to amend the
   education law, in relation to certain protocols for  responding  to  a
   declared public health emergency involving a communicable disease
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The labor law is amended by adding a new  section  27-c  to
 read as follows:
   §  27-C.  DUTY  OF  PUBLIC EMPLOYERS TO DEVELOP OPERATION PLANS IN THE
 EVENT OF CERTAIN DECLARED PUBLIC HEALTH EMERGENCIES.  1.    DEFINITIONS.
 FOR THE PURPOSES OF THIS SECTION:
   A.  "PERSONAL  PROTECTIVE  EQUIPMENT" SHALL MEAN ALL EQUIPMENT WORN TO
 MINIMIZE EXPOSURE TO HAZARDS, INCLUDING  GLOVES,  MASKS,  FACE  SHIELDS,
 FOOT  AND  EYE PROTECTION, PROTECTIVE HEARING DEVICES, RESPIRATORS, HARD
 HATS, AND DISPOSABLE GOWNS AND APRONS.
   B. "PUBLIC EMPLOYER" OR "EMPLOYER" SHALL MEAN THE STATE OF NEW YORK, A
 COUNTY, CITY, TOWN, VILLAGE OR ANY OTHER POLITICAL SUBDIVISION OR  CIVIL
 DIVISION  OF THE STATE, A PUBLIC AUTHORITY, COMMISSION OR PUBLIC BENEFIT
 CORPORATION, OR ANY OTHER PUBLIC CORPORATION, AGENCY, INSTRUMENTALITY OR
 UNIT OF GOVERNMENT WHICH EXERCISES GOVERNMENTAL POWER UNDER THE LAWS  OF
 THIS  STATE,  PROVIDED, HOWEVER, THAT THIS SUBDIVISION SHALL NOT INCLUDE
 ANY EMPLOYER AS DEFINED IN SECTION TWENTY-EIGHT  HUNDRED  ONE-A  OF  THE
 EDUCATION LAW.
   C.  "CONTRACTOR" SHALL MEAN AN INDIVIDUAL PERFORMING SERVICES AS PARTY
 TO A CONTRACT AWARDED BY THE STATE OF  NEW  YORK  OR  ANY  OTHER  PUBLIC
 EMPLOYER DEFINED IN PARAGRAPH B OF THIS SUBDIVISION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD16049-10-0

 S. 8617--B                          2
 
   D. "ESSENTIAL" SHALL REFER TO A DESIGNATION MADE THAT A PUBLIC EMPLOY-
 EE  OR CONTRACTOR IS REQUIRED TO BE PHYSICALLY PRESENT AT A WORK SITE TO
 PERFORM HIS OR HER JOB.
   E.  "NON-ESSENTIAL"  SHALL  REFER  TO A DESIGNATION MADE THAT A PUBLIC
 EMPLOYEE OR CONTRACTOR IS NOT REQUIRED TO BE  PHYSICALLY  PRESENT  AT  A
 WORK SITE TO PERFORM HIS OR HER JOB.
   F.  "COMMUNICABLE  DISEASE"  SHALL MEAN AN ILLNESS CAUSED BY AN INFEC-
 TIOUS AGENT OR ITS TOXINS THAT OCCURS THROUGH  THE  DIRECT  OR  INDIRECT
 TRANSMISSION  OF  THE  INFECTIOUS AGENT OR ITS PRODUCTS FROM AN INFECTED
 INDIVIDUAL OR VIA AN ANIMAL, VECTOR OR THE INANIMATE  ENVIRONMENT  TO  A
 SUSCEPTIBLE ANIMAL OR HUMAN HOST.
   G.   "RETALIATORY   ACTION"  SHALL  MEAN  THE  DISCHARGE,  SUSPENSION,
 DEMOTION, PENALIZATION, OR DISCRIMINATION AGAINST ANY EMPLOYEE, OR OTHER
 ADVERSE EMPLOYMENT ACTION TAKEN AGAINST AN EMPLOYEE  IN  THE  TERMS  AND
 CONDITIONS OF EMPLOYMENT.
   2.  EACH PUBLIC EMPLOYER IN THE STATE OF NEW YORK SHALL PREPARE A PLAN
 FOR THE CONTINUATION OF  OPERATIONS  IN  THE  EVENT  THAT  THE  GOVERNOR
 DECLARES  A  PUBLIC  HEALTH  EMERGENCY INVOLVING A COMMUNICABLE DISEASE.
 SUCH PLANS SHALL FOLLOW THE PROVISIONS FOR  REVIEW  AND  PUBLICATION  AS
 PRESCRIBED IN SUBDIVISION FOUR OF THIS SECTION.
   3. THE OPERATIONS PLAN REQUIRED BY THIS SECTION SHALL INCLUDE, BUT NOT
 BE LIMITED TO:
   A. A LIST AND DESCRIPTION OF POSITIONS AND TITLES CONSIDERED ESSENTIAL
 IN  THE EVENT OF A STATE-ORDERED REDUCTION OF IN-PERSON WORKFORCE, AND A
 JUSTIFICATION  OF  SUCH  CONSIDERATION  FOR  EACH  POSITION  AND   TITLE
 INCLUDED.
   B.  A  SPECIFIC  DESCRIPTION  OF PROTOCOLS THE EMPLOYER WILL FOLLOW IN
 ORDER TO ENABLE ALL NON-ESSENTIAL EMPLOYEES AND CONTRACTORS TO  TELECOM-
 MUTE  INCLUDING,  BUT  NOT  LIMITED  TO,  FACILITATING OR REQUESTING THE
 PROCUREMENT, DISTRIBUTION, DOWNLOADING AND INSTALLATION  OF  ANY  NEEDED
 DEVICES  OR TECHNOLOGY, INCLUDING SOFTWARE, DATA, OFFICE LAPTOPS OR CELL
 PHONES, AND THE TRANSFERRING OF OFFICE PHONE LINES TO WORK  OR  PERSONAL
 CELL PHONES AS PRACTICABLE OR APPLICABLE TO THE WORKPLACE.
   C.  A  DESCRIPTION  OF  HOW THE EMPLOYER WILL, TO THE EXTENT POSSIBLE,
 STAGGER WORK SHIFTS OF ESSENTIAL EMPLOYEES AND CONTRACTORS IN  ORDER  TO
 REDUCE OVERCROWDING ON PUBLIC TRANSPORTATION SYSTEMS AND AT WORKSITES.
   D.  A DESCRIPTION OF THE PROTOCOL THE EMPLOYER WILL IMPLEMENT IN ORDER
 TO PROCURE THE APPROPRIATE PERSONAL PROTECTIVE EQUIPMENT  FOR  ESSENTIAL
 EMPLOYEES  AND  CONTRACTORS,  BASED  UPON THE VARIOUS TASKS AND NEEDS OF
 SUCH EMPLOYEES AND CONTRACTORS IN A QUANTITY SUFFICIENT  TO  PROVIDE  AT
 LEAST  TWO  PIECES OF EACH TYPE OF PERSONAL PROTECTIVE EQUIPMENT TO EACH
 ESSENTIAL EMPLOYEE AND CONTRACTOR DURING ANY GIVEN WORK  SHIFT  OVER  AT
 LEAST SIX MONTHS. SUCH DESCRIPTION SHALL ALSO INCLUDE A PLAN FOR STORAGE
 OF  SUCH EQUIPMENT TO PREVENT DEGRADATION AND PERMIT IMMEDIATE ACCESS IN
 THE EVENT OF AN EMERGENCY DECLARATION.
   E. A DESCRIPTION OF THE PROTOCOL IN THE EVENT AN EMPLOYEE OR  CONTRAC-
 TOR  IS  EXPOSED TO A KNOWN CASE OF THE COMMUNICABLE DISEASE THAT IS THE
 SUBJECT OF THE  PUBLIC  HEALTH  EMERGENCY,  EXHIBITS  SYMPTOMS  OF  SUCH
 DISEASE,  OR  TESTS  POSITIVE  FOR  SUCH DISEASE IN ORDER TO PREVENT THE
 SPREAD OR CONTRACTION OF SUCH DISEASE IN THE  WORKPLACE.  SUCH  PROTOCOL
 SHALL  ALSO  DETAIL  ACTIONS  TO  BE TAKEN TO IMMEDIATELY AND THOROUGHLY
 DISINFECT THE WORK AREA OF ANY EMPLOYEE OR CONTRACTOR KNOWN OR SUSPECTED
 TO BE INFECTED WITH THE COMMUNICABLE DISEASE AS WELL AS ANY COMMON  AREA
 SURFACE  AND  SHARED  EQUIPMENT  SUCH  EMPLOYEE  OR  CONTRACTOR MAY HAVE
 TOUCHED, AND THE EMPLOYER POLICY ON AVAILABLE LEAVE IN THE EVENT OF  THE
 NEED OF AN EMPLOYEE TO RECEIVE TESTING, TREATMENT, ISOLATION, OR QUARAN-

 S. 8617--B                          3
 
 TINE.  SUCH PROTOCOL SHALL NOT INVOLVE ANY ACTION THAT WOULD VIOLATE ANY
 EXISTING FEDERAL, STATE, OR LOCAL LAW, INCLUDING REGARDING SICK LEAVE OR
 HEALTH INFORMATION PRIVACY.
   F.  A  PROTOCOL  FOR  DOCUMENTING  PRECISE  HOURS  AND WORK LOCATIONS,
 INCLUDING OFF-SITE VISITS, FOR ESSENTIAL EMPLOYEES AND CONTRACTORS. SUCH
 PROTOCOL SHALL BE DESIGNED ONLY TO AID IN TRACKING OF THE DISEASE AND TO
 IDENTIFY THE POPULATION OF EXPOSED EMPLOYEES AND CONTRACTORS IN ORDER TO
 FACILITATE THE PROVISION OF ANY  BENEFITS  WHICH  MAY  BE  AVAILABLE  TO
 CERTAIN EMPLOYEES AND CONTRACTORS ON THAT BASIS.
   G.  A PROTOCOL FOR HOW THE PUBLIC EMPLOYER WILL WORK WITH SUCH EMPLOY-
 ER'S LOCALITY TO IDENTIFY SITES  FOR  EMERGENCY  HOUSING  FOR  ESSENTIAL
 EMPLOYEES  IN  ORDER  TO  FURTHER CONTAIN THE SPREAD OF THE COMMUNICABLE
 DISEASE THAT IS THE SUBJECT OF THE DECLARED  EMERGENCY,  TO  THE  EXTENT
 APPLICABLE TO THE NEEDS OF THE WORKPLACE.
   4. ONCE DRAFTED, EACH PUBLIC EMPLOYER SHALL PRESENT THE PLAN DESCRIBED
 IN THIS SECTION TO ALL APPLICABLE DULY RECOGNIZED OR CERTIFIED REPRESEN-
 TATIVES OF THE EMPLOYER'S EMPLOYEES, WHO SHALL THEN BE GRANTED AN OPPOR-
 TUNITY  TO  REVIEW  THE  PLAN AND MAKE RECOMMENDATIONS, IF ANY, PROVIDED
 THAT NOTHING SHALL PRECLUDE SUCH REPRESENTATIVES FROM MAKING SUCH RECOM-
 MENDATIONS PRIOR TO THE DRAFT BEING COMPLETED. THE EMPLOYER MUST CONSID-
 ER AND RESPOND TO SUCH RECOMMENDATIONS IN WRITING  WITHIN  A  REASONABLE
 TIMEFRAME.  A  COPY  OF  THE  FINAL  VERSION  OF SUCH PLAN SHALL THEN BE
 PUBLISHED IN A CLEAR AND CONSPICUOUS LOCATION, AND IN THE EMPLOYEE HAND-
 BOOK, TO THE EXTENT THAT THE EMPLOYER  PROVIDES  SUCH  HANDBOOK  TO  ITS
 EMPLOYEES, AND IN A LOCATION ACCESSIBLE ON EITHER THE EMPLOYER'S WEBSITE
 OR  ON  THE  INTERNET  ACCESSIBLE  BY  EMPLOYEES. NO EMPLOYER SHALL TAKE
 RETALIATORY ACTION OR OTHERWISE DISCRIMINATE AGAINST  ANY  EMPLOYEE  FOR
 MAKING SUGGESTIONS OR RECOMMENDATIONS REGARDING THE CONTENT OF THE PLAN.
   5.  THE  DEPARTMENT  SHALL  ESTABLISH  PROCEDURES  TO ALLOW FOR PUBLIC
 EMPLOYEES OR CONTRACT WORKERS TO CONTACT AND INFORM  THE  DEPARTMENT  OF
 ANY ALLEGED OR BELIEVED VIOLATIONS OF ANY OF THE PROVISIONS DESCRIBED IN
 THIS SECTION.
   6. NOTHING IN THIS SECTION SHALL BE DEEMED TO IMPEDE, INFRINGE, DIMIN-
 ISH OR IMPAIR THE RIGHTS OF A PUBLIC EMPLOYEE OR EMPLOYER UNDER ANY LAW,
 RULE, REGULATION OR COLLECTIVELY NEGOTIATED AGREEMENT, OR THE RIGHTS AND
 BENEFITS  WHICH ACCRUE TO EMPLOYEES THROUGH COLLECTIVE BARGAINING AGREE-
 MENTS, OR OTHERWISE DIMINISH THE INTEGRITY OF  THE  EXISTING  COLLECTIVE
 BARGAINING RELATIONSHIP.
   § 2. Section 27-a of the labor law is amended by adding a new subdivi-
 sion 6-a to read as follows:
   6-A.  FORM  OF  COMPLAINTS. THE DEPARTMENT SHALL ESTABLISH A DEDICATED
 WEBPAGE AND HOTLINE THROUGH WHICH ANY PUBLIC EMPLOYEE UNDER  THE  JURIS-
 DICTION  OF  THIS  SECTION OR CONTRACTOR AS DEFINED BY THE CHAPTER WHICH
 ADDED THIS SUBDIVISION MAY REPORT ALLEGED OR BELIEVED VIOLATIONS OF  ANY
 STATE  LAW,  REGULATION, RULE OR GUIDANCE RELATED TO OCCUPATIONAL HEALTH
 AND SAFETY INVOLVING A COMMUNICABLE DISEASE, INCLUDING BUT  NOT  LIMITED
 TO  THE NOVEL CORONAVIRUS COVID-19. SUCH WEBPAGE AND HOTLINE SHALL ALLOW
 INDIVIDUALS TO REPORT ALLEGED OR BELIEVED VIOLATIONS ANONYMOUSLY.
   § 3. Paragraphs k and l of subdivision 2  of  section  2801-a  of  the
 education  law,  as  amended by section 1 of part B of chapter 56 of the
 laws of 2016, are amended to read as follows:
   k. a description of the duties of hall monitors and any  other  school
 safety  personnel,  the  training  required of all personnel acting in a
 school security capacity, and the hiring and screening process  for  all
 personnel acting in a school security capacity; [and]

 S. 8617--B                          4
 
   l.  the  designation of the superintendent, or superintendent's desig-
 nee, as the district chief emergency officer responsible for  coordinat-
 ing  communication  between  school  staff and law enforcement and first
 responders, and ensuring staff understanding of the district-level safe-
 ty  plan.  The  chief  emergency  officer  shall also be responsible for
 ensuring the completion and yearly updating of building-level  emergency
 response plans; OR
   M.  PROTOCOLS  FOR  RESPONDING  TO  A DECLARED PUBLIC HEALTH EMERGENCY
 INVOLVING A COMMUNICABLE DISEASE THAT ARE SUBSTANTIALLY CONSISTENT  WITH
 THE PROVISIONS OF SECTION TWENTY-SEVEN-C OF THE LABOR LAW.
   §  4.  This  act shall take effect immediately; provided, however that
 the operation plans in the event of certain declared public health emer-
 gencies established pursuant to section 27-c of the labor law  shall  be
 finalized and published, the hotline and webpage established pursuant to
 section 27-a of the labor law shall be functional, and the protocols for
 responding  to a declared public health emergency involving a communica-
 ble disease pursuant to paragraph m of subdivision 2 of  section  2801-a
 of  the education law shall be established and functional within 30 days
 of the effective date of this act.

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The New York State Senate

senate Bill S8617B

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Archive: Last Bill Status - Signed by Governor

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Jul 23, 2020 - floor Vote

Floor Vote: Jul 23, 2020

Jul 22, 2020 - Rules committee Vote

Rules Committee Vote: Jul 22, 2020

Jul 21, 2020 - Finance committee Vote

Finance Committee Vote: Jul 21, 2020

Jul 20, 2020 - Labor committee Vote

Committee Vote: Jul 20, 2020

Bill Amendments

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S8617 - Details

S8617 - Summary

S8617 - Sponsor Memo

S8617 - Bill Text download pdf

Co-Sponsors

S8617A - Details

S8617A - Summary

S8617A - Sponsor Memo

S8617A - Bill Text download pdf

Co-Sponsors

S8617B (ACTIVE) - Details

S8617B (ACTIVE) - Summary

S8617B (ACTIVE) - Sponsor Memo

S8617B (ACTIVE) - Bill Text download pdf

Comments

senate Bill S8617B

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Sponsored By

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

Jul 23, 2020 - floor Vote

Floor Vote: Jul 23, 2020

Jul 22, 2020 - Rules committee Vote

Rules Committee Vote: Jul 22, 2020

Jul 21, 2020 - Finance committee Vote

Finance Committee Vote: Jul 21, 2020

Jul 20, 2020 - Labor committee Vote

Committee Vote: Jul 20, 2020

Bill Amendments

Co-Sponsors

S8617 - Details

S8617 - Summary

S8617 - Sponsor Memo

S8617 - Bill Text download pdf

Co-Sponsors

S8617A - Details

S8617A - Summary

S8617A - Sponsor Memo

S8617A - Bill Text download pdf

Co-Sponsors

S8617B (ACTIVE) - Details

S8617B (ACTIVE) - Summary

S8617B (ACTIVE) - Sponsor Memo

S8617B (ACTIVE) - Bill Text download pdf

Comments