Senate Bill S8774

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8774
 
                             I N  S E N A T E
 
                               July 15, 2020
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the labor law, in relation  to  requiring  employers  to
   warn  employees of potential hazardous environmental and health condi-
   tions in the workplace
 
   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 200-b to
 read as follows:
   § 200-B. DUTY TO WARN EMPLOYEES OF POTENTIAL  HAZARDOUS  ENVIRONMENTAL
 AND  HEALTH  CONDITIONS IN THE WORKPLACE. 1. IN ADDITION TO THE REQUIRE-
 MENTS OF EMPLOYERS SET FORTH IN SECTION TWO  HUNDRED  OF  THIS  ARTICLE,
 EMPLOYERS  SHALL  BE  REQUIRED  TO  WARN THEIR EMPLOYEES AND/OR CONTRACT
 WORKERS OF ANY KNOWN HAZARDOUS ENVIRONMENTAL AND HEALTH RISKS THAT  SUCH
 EMPLOYEES  AND/OR  CONTRACT  WORKERS  MAY ENCOUNTER DURING THE COURSE OF
 THEIR EMPLOYMENT.   SUCH INFORMATION  SHALL  BE  PROVIDED  TO  EMPLOYEES
 AND/OR  CONTRACT  WORKERS PRIOR TO THE COMMENCEMENT OF EMPLOYMENT, OR AS
 SOON AS PRACTICABLE, AND EMPLOYERS SHALL ENSURE  THAT  EMPLOYEES  AND/OR
 CONTRACT  WORKERS  ARE  CONTINUALLY  UPDATED  AS SOON AS POSSIBLE OF ANY
 ADDITIONAL ENVIRONMENTAL AND HEALTH RISKS THAT MAY ARISE.
   2. EMPLOYERS SHALL TAKE NECESSARY MEASURES TO  MITIGATE  ANY  RISK  TO
 EMPLOYEES AND/OR CONTRACT WORKERS ARISING FROM POTENTIAL HAZARDOUS ENVI-
 RONMENTAL  AND  HEALTH  RISKS,  INCLUDING, BUT NOT LIMITED TO, PROVIDING
 APPROPRIATE PROTECTIVE EQUIPMENT.
   3. NO EMPLOYEE OR CONTRACT WORKER SHALL FACE RETALIATION OF  ANY  KIND
 FROM  AN EMPLOYER IF SUCH EMPLOYEE OR CONTRACT WORKER REFUSES TO WORK IN
 OR AROUND HAZARDOUS CONDITIONS BECAUSE SUCH EMPLOYER HAS FAILED TO MITI-
 GATE POTENTIALLY HAZARDOUS CONDITIONS OR PROVIDE APPROPRIATE  PROTECTIVE
 EQUIPMENT PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
   4.  THE COMMISSIONER SHALL ESTABLISH PROCEDURES TO ALLOW FOR EMPLOYEES
 OR CONTRACT WORKERS TO CONTACT AND INFORM THE DEPARTMENT OF  ANY  POTEN-
 TIAL  HAZARDOUS ENVIRONMENTAL AND HEALTH CONDITIONS IN THE WORKPLACE NOT
 YET IDENTIFIED BY AN EMPLOYER, OR OF ANY EMPLOYERS WHO ARE IN  VIOLATION
 OF THIS SECTION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD16156-03-0

 S. 8774                             2
 
   5.  THE  DEPARTMENT SHALL SHARE ANY KNOWN VIOLATIONS OF THE PROCEDURES
 ESTABLISHED BY THIS SECTION WITH THE APPROPRIATE PUBLIC HEALTH OR  ENVI-
 RONMENTAL AUTHORITIES, IF NECESSARY TO PROTECT PUBLIC HEALTH.
   §  2. Section 212-d of the labor law is amended by adding a new subdi-
 vision 1-a to read as follows:
   1-A. EVERY GROWER OR PROCESSOR WHO EMPLOYS  OR  USES  PAID  FARM  HAND
 WORKERS,  FARM FIELD WORKERS OR FARM FOOD PROCESSING WORKERS, WHETHER OR
 NOT HE OR SHE USES THE SERVICES OF A FARM LABOR  CONTRACTOR,  SHALL,  AT
 HIS OR HER OWN EXPENSE, PROVIDE OR MAKE AVAILABLE TO SUCH WORKERS APPRO-
 PRIATE  FIELD  SANITATION PROCEDURES AND MATERIALS TO PREVENT THE SPREAD
 OF INFECTIOUS DISEASES, INCLUDING, BUT NOT LIMITED TO, COVID-19.
   § 3. This act shall take effect immediately.