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.

                            
 
                     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.