NY State Senate Bill 2019-S8239A

Senate Bill S8239A

2019-2020 Legislative Session

Requires employers to notify employees if they come into contact with other employees who have been infected with a virus that is causing a public health emergency

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Archive: Last Bill Status - In Senate Committee Labor 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 10, 2020	print number 8239a
Jul 10, 2020	amend (t) and recommit to labor
Apr 27, 2020	referred to labor

Bill Amendments

Original

A (Active)

co-Sponsors

View additional co-sponsors

2019-S8239 - Details

See Assembly Version of this Bill:: A10353
Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Add §202-n, Lab L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S4877, A2509
2023-2024: A1456

2019-S8239 - Summary

Requires employers to notify employees if they come into contact with other employees who have been diagnosed in relation to a disease outbreak causing a public health emergency; prohibits employers from disclosing the name of the diagnosed employee.

2019-S8239 - Sponsor Memo

                                
 
BILL NUMBER: S8239

SPONSOR: RAMOS
 
TITLE OF BILL:

An act to amend the labor law, in relation to requiring employers to
notify employees if they come into contact with other employees who have
been infected with a virus that is causing a public health emergency

 
SUMMARY OF PROVISIONS:

Section 1. The labor law is amended by adding a new section 202-n to
read as follows:

§ 202-n.Public health emergencies; notification of contact. When a
federal, state, or local state of emergency has been declared due to a
virus causing a public health emergency and an employee has been
infected with the virus causing such public health emergency, the
employers shall notify each employee who has had contact with the
infected employee; provided, however, that employers shall not reveal
the name of the infected employee; provided further, however, that such
notifications shall be provided in writing in the employee's native

language.

Section 2. Sets Effective Date.

 
JUSTIFICATION:

Employers are responsible for the health and safety of their workers
during hours of operation, and in public health emergencies the burden
remains. Employer responsibility should include protective measures
especially in circumstances where attending work means being exposed to
highly contagious health hazards. During the COVID-1 9 pandemic,
isolation and quarantine practices directly impacted the number of cases
in the state. Mandating employee notification of possible exposure to a
related public health emergency can and will decrease illness and death
among New Yorkers.

 
PRIOR LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S8239 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8239
 
                             I N  S E N A T E
 
                              April 27, 2020
                                ___________
 
 Introduced  by  Sen.  RAMOS  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Labor
 
 AN ACT to amend the labor law, in relation  to  requiring  employers  to
   notify  employees  if  they come into contact with other employees who
   have been infected with a virus that is causing a public health  emer-
   gency

   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  202-n  to
 read as follows:
   §  202-N.  PUBLIC HEALTH EMERGENCIES; NOTIFICATION OF CONTACT.  WHEN A
 FEDERAL, STATE, OR LOCAL STATE OF EMERGENCY HAS BEEN DECLARED DUE  TO  A
 VIRUS  CAUSING  A  PUBLIC  HEALTH  EMERGENCY  AND  AN  EMPLOYEE HAS BEEN
 INFECTED WITH THE  VIRUS  CAUSING  SUCH  PUBLIC  HEALTH  EMERGENCY,  THE
 EMPLOYER  SHALL  NOTIFY  EACH  EMPLOYEE  WHO  HAS  HAD  CONTACT WITH THE
 INFECTED EMPLOYEE; PROVIDED, HOWEVER, THAT THE EMPLOYER SHALL NOT REVEAL
 THE NAME OF THE INFECTED EMPLOYEE; PROVIDED FURTHER, HOWEVER, THAT  SUCH
 NOTIFICATION  SHALL  BE  PROVIDED  IN  WRITING  IN THE EMPLOYEE'S NATIVE
 LANGUAGE.
   § 2. This act shall take effect immediately.
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD16144-02-0

co-Sponsors

View additional co-sponsors

2019-S8239A (ACTIVE) - Details

See Assembly Version of this Bill:: A10353
Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Add §202-n, Lab L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S4877, A2509
2023-2024: A1456

2019-S8239A (ACTIVE) - Summary

2019-S8239A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8239A

SPONSOR: RAMOS
 
TITLE OF BILL:  An act to amend the labor law, in relation to requir-
ing employers to notify employees if they come into contact with other
employees who have been diagnosed in relation to a disease outbreak
causing a public health emergency

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to promote safe and healthy workplaces by
ensuring that employees are notified of their potential exposure to
infectious diseases in the workplace.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill would require employers with more than ten employ-
ees to notify any employee that has had direct contact with a coworker
that has been diagnosed in relation to a disease outbreak causing a
public health emergency. Employers would be required to notify each
employee in writing within 24 hours of having reasonable knowledge of

such diagnosis, in English and in the employee's primary language. The
Commissioner of Labor would be required to prepare templates of such
notifications, and to determine which languages to provide in addition
to English, for employers' use.

Section 2 of the bill would establish an immediate effective date.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

The amended version would make technical changes, require employers to
notify employees within twenty-four hours, exclude employers with less
than ten employees, and ensure language access.

 
JUSTIFICATION:

Employers are responsible for the health and safety of their workers
during hours of operation, and in public health emergencies the burden
remains. Employer responsibility should include protective measures
especially in circumstances where attending work means being exposed to
highly contagious health hazards. During the COVID-19 pandemic,
isolation and quarantine practices directly impacted the number of cases
in the state. Mandating employee notification of possible exposure to a
related public health emergency can and will decrease potential illness
and death among New Yorkers.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act would take effect immediately.

2019-S8239A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8239--A
 
                             I N  S E N A T E
 
                              April 27, 2020
                                ___________
 
 Introduced by Sens. RAMOS, BAILEY, BIAGGI, CARLUCCI, MONTGOMERY, RIVERA,
   SKOUFIS  --  read  twice  and  ordered printed, and when printed to be
   committed to the Committee on  Labor  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 AN ACT to amend the labor law, in relation  to  requiring  employers  to
   notify  employees  if  they come into contact with other employees who
   have been diagnosed in relation to a disease outbreak causing a public
   health emergency
 
   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 202-n to
 read as follows:
   § 202-N. PUBLIC HEALTH EMERGENCIES; NOTIFICATION OF CONTACT.  1.  WHEN
 A FEDERAL, STATE, OR LOCAL STATE OF EMERGENCY HAS BEEN DECLARED DUE TO A
 DISEASE  OUTBREAK  CAUSING A PUBLIC HEALTH EMERGENCY AND AN EMPLOYER HAS
 REASONABLE KNOWLEDGE THAT  AN  EMPLOYEE  HAS  BEEN  DIAGNOSED  WITH  THE
 DISEASE  CAUSING SUCH PUBLIC HEALTH EMERGENCY, THE EMPLOYER SHALL NOTIFY
 EACH EMPLOYEE WHO HAS HAD CONTACT WITH  THE  DIAGNOSED  EMPLOYEE  WITHIN
 TWENTY-FOUR HOURS OF SUCH KNOWLEDGE, PROVIDED SUCH DISCLOSURE IS AUTHOR-
 IZED  BY FEDERAL AND/OR STATE LAW OR REGULATION; PROVIDED, HOWEVER, THAT
 THE EMPLOYER SHALL NOT REVEAL THE NAME OF THE  DIAGNOSED  EMPLOYEE;  AND
 PROVIDED  FURTHER,  HOWEVER, THAT SUCH NOTIFICATION SHALL BE PROVIDED IN
 WRITING, IN ENGLISH AND  IN  THE  EMPLOYEE'S  PRIMARY  LANGUAGE.    THIS
 SECTION SHALL NOT APPLY TO AN EMPLOYER WITH TEN OR FEWER EMPLOYEES.
   2.  THE  COMMISSIONER SHALL PREPARE TEMPLATES OF SUCH NOTIFICATION AND
 SHALL DETERMINE, IN HIS OR HER DISCRETION, WHICH LANGUAGES TO PROVIDE IN
 ADDITION TO ENGLISH, BASED ON THE SIZE OF THE NEW YORK STATE  POPULATION
 THAT  SPEAKS  EACH  LANGUAGE  AND ANY OTHER FACTOR THAT THE COMMISSIONER
 SHALL DEEM RELEVANT. ALL SUCH  TEMPLATES  SHALL  BE  MADE  AVAILABLE  TO
 EMPLOYERS  IN  SUCH  MANNER  AS  DETERMINED BY THE COMMISSIONER. WHEN AN
 EMPLOYEE IDENTIFIES AS HIS OR HER PRIMARY LANGUAGE A LANGUAGE FOR  WHICH
 A  TEMPLATE  IS  NOT AVAILABLE FROM THE COMMISSIONER, THE EMPLOYER SHALL
 COMPLY WITH THIS SUBDIVISION BY PROVIDING SUCH EMPLOYEE AN  ENGLISH-LAN-
 GUAGE NOTICE.
   § 2. This act shall take effect immediately.

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD16144-04-0

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Senate Bill S8239A

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Sponsored By

Archive: Last Bill Status - In Senate Committee Labor Committee

Bill Amendments

co-Sponsors

2019-S8239 - Details

2019-S8239 - Summary

2019-S8239 - Sponsor Memo

2019-S8239 - Bill Text download pdf

co-Sponsors

2019-S8239A (ACTIVE) - Details

2019-S8239A (ACTIVE) - Summary

2019-S8239A (ACTIVE) - Sponsor Memo

2019-S8239A (ACTIVE) - Bill Text download pdf

Comments