S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9235
 
                           I N  A S S E M B L Y
 
                             February 9, 2022
                                ___________
 
 Introduced  by  M. of A. GONZALEZ-ROJAS -- read once and referred to the
   Committee on Labor
 
 AN ACT to amend the labor law, in  relation  to  prohibiting  oppressive
   agricultural  child  labor;  and requiring heat illness prevention for
   agricultural employees
 
   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 133-a to
 read as follows:
   § 133-A. PROHIBITED EMPLOYMENT OF MINORS IN AGRICULTURE. 1. AS USED IN
 THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   A.  "OPPRESSIVE AGRICULTURAL CHILD LABOR" MEANS  AGRICULTURAL  EMPLOY-
 MENT  WHERE  (1)  ANY  EMPLOYEE WHO IS UNDER THE AGE OF SIXTEEN YEARS IS
 EMPLOYED IN ANY OCCUPATION THAT INVOLVES PERFORMING A HAZARDOUS AGRICUL-
 TURAL ACTIVITY, OR THAT IS  OTHERWISE  PARTICULARLY  HAZARDOUS  FOR  THE
 EMPLOYMENT  OF CHILDREN BETWEEN SUCH AGES OR DETRIMENTAL TO THEIR HEALTH
 OR WELL-BEING; (2) ANY EMPLOYEE WHO IS UNDER THE AGE OF SIXTEEN YEARS IS
 EMPLOYED BY AN EMPLOYER WHEN ATTENDANCE UPON INSTRUCTION IS NOT REQUIRED
 BY THE EDUCATION LAW, IN  ANY  OCCUPATION  THAT  INVOLVES  PERFORMING  A
 HAZARDOUS  AGRICULTURAL  ACTIVITY,  OR  THAT  IS  OTHERWISE PARTICULARLY
 HAZARDOUS FOR THE EMPLOYMENT OF CHILDREN BETWEEN  SUCH  AGES  OR  DETRI-
 MENTAL  TO  THEIR HEALTH OR WELL-BEING; OR (3) ANY EMPLOYEE WHO IS UNDER
 THE AGE OF SIXTEEN YEARS IS EMPLOYED BY AN EMPLOYER  UNLESS  SUCH  MINOR
 HAS AN EXCEPTION PURSUANT TO SECTION ONE HUNDRED THIRTY OF THIS ARTICLE.
 SUCH  TERM  SHALL NOT APPLY TO ANY MINOR EMPLOYED IN AGRICULTURE BY SUCH
 MINOR'S PARENTS OR A PERSON IN A PARENTAL RELATIONSHIP WITH  SUCH  MINOR
 ON  A FARM OWNED BY SUCH PARENT OR PERSON IN A PARENTAL RELATIONSHIP AND
 THE EMPLOYMENT WILL NOT BE DETRIMENTAL TO THE MINOR'S HEALTH OR WELL-BE-
 ING.
   B. "HAZARDOUS AGRICULTURAL ACTIVITY" MEANS ANY  AGRICULTURAL  ACTIVITY
 PERFORMED BY ANY MINOR THAT CREATES A SUBSTANTIAL RISK OF SERIOUS INJURY
 OR SERIOUS ILLNESS TO ANY PERSON, INCLUDING BUT NOT LIMITED TO:
   (1) OPERATING AN ALL-TERRAIN VEHICLE OR SIMILAR OFF-ROAD VEHICLE;
   (2) OPERATING A TRACTOR, FORKLIFT, OR OTHER HEAVY EQUIPMENT;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14252-02-2
 A. 9235                             2
 
   (3) HANDLING ANY PART OF A TOBACCO PLANT; AND
   (4)  ANY  TASK  THAT  REQUIRES HANDLING PESTICIDES, OPEN CONTAINERS OF
 PESTICIDES, OPERATING ANY EQUIPMENT THAT MAY CONTAIN PESTICIDE  RESIDUE,
 ASSISTING WITH APPLICATION OF PESTICIDES, ACTING AS A PESTICIDE FLAGGER,
 PERFORMING  TASKS  AS  A  CROP ADVISOR DURING ANY PESTICIDE APPLICATION,
 ENTERING A PESTICIDE TREATED AREA DURING AN APPLICABLE  RESTRICTED-ENTRY
 INTERVAL OR OTHERWISE HAVE SIGNIFICANT RISK TO PESTICIDE EXPOSURE.
   C.  "SERIOUS  INJURY  OR  SERIOUS ILLNESS" MEANS THE PERMANENT LOSS OR
 SUBSTANTIAL IMPAIRMENT OF THE FUNCTION OF  A  BODILY  MEMBER,  ORGAN  OR
 MENTAL  FACULTY;  OR  PERMANENT PARALYSIS OR SUBSTANTIAL IMPAIRMENT THAT
 CAUSES LOSS OF MOVEMENT OR MOBILITY OF AN ARM, LEG, FOOT, HAND, OR OTHER
 BODY PART.
   2. NO EMPLOYER SHALL EMPLOY OPPRESSIVE  AGRICULTURAL  CHILD  LABOR  OR
 PRODUCE,  MANUFACTURE,  DEAL,  SHIP,  OR  DELIVER FOR SHIPMENT ANY GOODS
 PRODUCED WHERE THE EMPLOYER KNEW OR REASONABLY SHOULD  HAVE  KNOWN  THAT
 OPPRESSIVE CHILD LABOR WAS EMPLOYED TO YIELD SUCH GOODS.
   3.  IF  THE  COMMISSIONER  FINDS  THAT  AN  EMPLOYER  HAS VIOLATED ANY
 PROVISION OF THIS SECTION OR OF A RULE OR REGULATION PROMULGATED  THERE-
 UNDER, THE COMMISSIONER MAY BY AN ORDER WHICH SHALL DESCRIBE PARTICULAR-
 LY  THE  NATURE OF THE VIOLATION, ASSESS THE EMPLOYER A CIVIL PENALTY OF
 NOT LESS THAN FIVE HUNDRED DOLLARS AND NOT MORE  THAN  FIFTEEN  THOUSAND
 DOLLARS  FOR  EACH EMPLOYEE WHO WAS THE SUBJECT OF SUCH VIOLATION, OR TO
 IMPRISONMENT FOR NOT MORE THAN FIVE YEARS, OR BOTH; AND/OR A FINE OF NOT
 LESS THAN FIFTEEN THOUSAND DOLLARS AND NOT MORE THAN SIXTY THOUSAND  ONE
 HUNDRED  FIFTEEN DOLLARS WITH REGARD TO EACH SUCH VIOLATION THAT RESULTS
 IN THE SERIOUS INJURY, SERIOUS ILLNESS, OR DEATH OF ANY  EMPLOYEE  UNDER
 THE  AGE  OF  EIGHTEEN,  WHICH  MAY  BE DOUBLED WHERE THE VIOLATION IS A
 REPEATED OR A WILLFUL VIOLATION, OR TO IMPRISONMENT FOR  NOT  MORE  THAN
 FIVE YEARS, OR BOTH.
   4.  A. THE DEPARTMENT SHALL ANNUALLY COLLECT AND ANALYZE DATA CONCERN-
 ING CHILDREN UNDER THE AGE OF EIGHTEEN WHO ARE EMPLOYED IN  AGRICULTURE,
 AND EACH WORK-RELATED INJURY, ILLNESS, OR DEATH OF ANY SUCH CHILD.
    B.  ANNUALLY BEFORE DECEMBER THIRTY-FIRST THE DEPARTMENT SHALL SUBMIT
 TO THE GOVERNOR AND STATE LEGISLATURE AND PUBLISH ON  SUCH  DEPARTMENT'S
 WEBSITE A REPORT WHICH SHALL INCLUDE:
   (1) A SUMMARY OF THE DATA COLLECTED PURSUANT TO THIS SUBDIVISION;
   (2)  AN  EVALUATION,  BASED  ON SUCH DATA, THAT REFLECTS THE STATUS OF
 CHILD LABOR AND RELATED SAFETY AND HEALTH HAZARDS; AND
   (3) ANY INFORMATION, BASED ON SUCH DATA, THAT LEADS  THE  COMMISSIONER
 TO  BELIEVE  THAT  CHILDREN UNDER THE AGE OF SIXTEEN YEARS MAY HAVE BEEN
 EMPLOYED IN VIOLATION OF THIS SECTION.
   C. (1) ANY EMPLOYER, EXCEPT  A  MINOR'S  PARENTS  OR  A  PERSON  IN  A
 PARENTAL  RELATIONSHIP  WITH  SUCH  MINOR,  SHALL SUBMIT A REPORT TO THE
 COMMISSIONER NO LATER THAN FIVE DAYS THEREAFTER  WHEN  THE  EMPLOYER  IS
 INVOLVED IN ANY EVENT RELATED TO:
   (I)  A  WORK-RELATED  SERIOUS  INJURY  TO AN EMPLOYEE UNDER THE AGE OF
 SIXTEEN YEARS EMPLOYED IN AGRICULTURE;
   (II) A WORK-RELATED SERIOUS ILLNESS OF AN EMPLOYEE UNDER  THE  AGE  OF
 SIXTEEN YEARS EMPLOYED IN AGRICULTURE; OR
   (III)  A  WORK-RELATED  DEATH  OF AN EMPLOYEE UNDER THE AGE OF SIXTEEN
 YEARS EMPLOYED IN AGRICULTURE.
   (2) SUCH REPORT SHALL AT A MINIMUM INCLUDE:
   (I) THE NAME AND ADDRESS OF THE EMPLOYER;
   (II) THE NAME, ADDRESS, AND AGE OF THE EMPLOYEE;
   (III) DETAILS RELEVANT  TO  THE  INCIDENT,  TO  INCLUDE  ENVIRONMENTAL
 HAZARDS,  CHEMICAL  OR  PESTICIDE EXPOSURE, USE OF MACHINERY OR TOOLS AT
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 THE TIME OF THE INCIDENT, WORK TASKS PERFORMED AT THE TIME OF THE  INCI-
 DENT, AND OTHER DETAILS RELATING TO THE INCIDENT; AND
   (IV)   ANY  OTHER  INFORMATION  THE  COMMISSIONER  MAY  BY  REGULATION
 PRESCRIBE.
   D. ANY EMPLOYER WHO FAILS TO FILE A REPORT  AS  REQUIRED  PURSUANT  TO
 PARAGRAPH  C OF THIS SUBDIVISION MAY BE ASSESSED, BY THE COMMISSIONER IN
 HIS OR HER DISCRETION, A CIVIL PENALTY OF NOT  LESS  THAN  FIVE  HUNDRED
 DOLLARS AND NOT MORE THAN SEVEN THOUSAND DOLLARS PER VIOLATION.
   5.  ANY  EMPLOYER  WHO  EMPLOYS  AGRICULTURAL WORKERS UNDER THE AGE OF
 SIXTEEN YEARS SHALL DEVELOP AND IMPLEMENT WRITTEN PROCEDURES  TO  COMPLY
 WITH THE PROVISIONS OF THIS SECTION.
   6.  IN  ADDITION TO THE RULEMAKING AUTHORITY SET FORTH IN SUBDIVISIONS
 FOUR AND FIVE OF SECTION ONE HUNDRED THIRTY-THREE OF THIS  ARTICLE,  THE
 COMMISSIONER  SHALL  PROMULGATE  ANY    RULE  OR REGULATION NECESSARY TO
 IMPLEMENT THE PROVISIONS OF THIS SECTION.
   § 2. The labor law is amended by adding a new article 34  to  read  as
 follows:
                                ARTICLE 34
          HEAT ILLNESS PREVENTION DURING AGRICULTURAL ACTIVITIES
 
 SECTION 960. HEAT ILLNESS PREVENTION DURING AGRICULTURAL ACTIVITIES.
   §  960.  HEAT ILLNESS PREVENTION DURING AGRICULTURAL ACTIVITIES. 1. AS
 USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEAN-
 INGS:
   A. "AGRICULTURAL ACTIVITIES" SHALL  MEAN  ANY  CONDITION  OR  ACTIVITY
 WHICH  OCCURS  ON A FARM IN CONNECTION WITH THE COMMERCIAL PRODUCTION OF
 FARM PRODUCTS AND INCLUDES, BUT IS NOT LIMITED TO, MARKETED  PRODUCE  AT
 ROADSIDE STANDS OR FARM MARKETS; NOISE; ODORS; DUST; FUMES; OPERATION OF
 MACHINERY AND IRRIGATION PUMPS; MOVEMENT, INCLUDING, BUT NOT LIMITED TO,
 USE OF CURRENT COUNTY ROAD DITCHES, STREAMS, RIVERS, CANALS, AND DRAINS,
 AND USE OF WATER FOR AGRICULTURAL ACTIVITIES; GROUND AND AERIAL APPLICA-
 TION  OF SEED, FERTILIZERS, CONDITIONERS, AND PLANT PROTECTION PRODUCTS;
 KEEPING OF BEES FOR PRODUCTION OF AGRICULTURAL OR APICULTURAL  PRODUCTS;
 EMPLOYMENT  AND  USE  OF  LABOR; ROADWAY MOVEMENT OF EQUIPMENT AND LIVE-
 STOCK; PROTECTION FROM  DAMAGE  BY  WILDLIFE;  PREVENTION  OF  TRESPASS;
 CONSTRUCTION  AND  MAINTENANCE  OF  BUILDINGS,  FENCES,  ROADS, BRIDGES,
 PONDS, DRAINS, WATERWAYS, AND SIMILAR FEATURES AND MAINTENANCE OF STREAM
 BANKS AND WATERCOURSES; AND CONVERSION FROM ONE AGRICULTURAL ACTIVITY TO
 ANOTHER, INCLUDING A CHANGE IN THE TYPE OF  PLANT-RELATED  FARM  PRODUCT
 BEING  PRODUCED.  THE  TERM  INCLUDES USE OF NEW PRACTICES AND EQUIPMENT
 CONSISTENT WITH TECHNOLOGICAL DEVELOPMENT WITHIN THE AGRICULTURAL INDUS-
 TRY.
   B. "FARM" MEANS THE  LAND,  BUILDINGS,  FRESHWATER  PONDS,  FRESHWATER
 CULTURING  AND  GROWING FACILITIES, AND MACHINERY USED IN THE COMMERCIAL
 PRODUCTION OF FARM PRODUCTS.
   C. "FARM PRODUCT" MEANS THOSE PLANTS AND ANIMALS USEFUL TO HUMANS  AND
 INCLUDES,  BUT IS NOT LIMITED TO, FORAGES AND SOD CROPS, DAIRY AND DAIRY
 PRODUCTS, POULTRY AND POULTRY PRODUCTS, LIVESTOCK,  INCLUDING  BREEDING,
 GRAZING,  AND  RECREATIONAL  EQUINE  USE,  FRUITS,  VEGETABLES, FLOWERS,
 SEEDS, GRASSES, TREES, FRESHWATER FISH AND FISH PRODUCTS,  APIARIES  AND
 APIARY PRODUCTS, EQUINE AND OTHER SIMILAR PRODUCTS, OR ANY OTHER PRODUCT
 WHICH INCORPORATES THE USE OF FOOD, FEED, FIBER, OR FUR.
   2.  EMPLOYEES  SHALL  HAVE  ACCESS  TO  POTABLE DRINKING WATER THAT IS
 FRESH, PURE, SUITABLY COOL, AND PROVIDED TO EMPLOYEES FREE OF CHARGE  BY
 THE EMPLOYER WHEN PERFORMING AGRICULTURAL ACTIVITIES. THE WATER SHALL BE
 LOCATED  AS  CLOSE AS PRACTICABLE TO THE AREAS WHERE EMPLOYEES ARE WORK-
 A. 9235                             4
 
 ING.   EMPLOYERS SHALL PROVIDE WATER IN  SUFFICIENT  QUANTITY  TO  ALLOW
 EMPLOYEES  TO  DRINK  AT LEAST THIRTY-TWO FLUID OUNCES OF WATER PER HOUR
 PER EMPLOYEE.   EMPLOYERS  SHALL  ENCOURAGE  EMPLOYEES  TO  DRINK  WATER
 FREQUENTLY.
   3.  A.  SHADE  THAT IS OPEN TO THE AIR OR PROVIDED WITH VENTILATION OR
 COOLING SHALL BE PRESENT WHEN THE  TEMPERATURE  EXCEEDS  EIGHTY  DEGREES
 FAHRENHEIT.  EMPLOYERS  SHALL  PROVIDE  TIMELY  ACCESS  TO SHADE UPON AN
 EMPLOYEE'S REQUEST WHEN THE TEMPERATURE DOES NOT EXCEED  EIGHTY  DEGREES
 FAHRENHEIT.
   B.  EMPLOYEES  SHALL  BE  ALLOWED A PREVENTATIVE COOL-DOWN REST IN THE
 SHADE FOR A MINIMUM OF FIVE MINUTES PER HOUR  WHEN  PERFORMING  AGRICUL-
 TURAL ACTIVITIES.
   C.  WHERE THE EMPLOYER CAN DEMONSTRATE THAT IT IS UNSAFE OR INFEASIBLE
 TO HAVE SHADE PRESENT ON A CONTINUOUS BASIS, THE  EMPLOYER  MAY  UTILIZE
 ALTERNATIVE PROCEDURES THAT PROVIDE EQUIVALENT PROTECTION.
   D.  EMPLOYEES  WHO  EXPERIENCE  SYMPTOMS  OF HEAT ILLNESS SHALL NOT BE
 ORDERED BACK TO WORK UNTIL ANY SYMPTOMS OF HEAT  ILLNESS  HAVE  SUBSIDED
 AND  SHALL  BE  PROVIDED  TIMELY  APPROPRIATE  FIRST  AID  OR  EMERGENCY
 RESPONSE.
   4. THE COMMISSIONER SHALL PROMULGATE ANY RULE OR REGULATION  NECESSARY
 TO  IMPLEMENT  THE PROVISIONS OF THIS SECTION AND THAT REQUIRE EMPLOYERS
 TO TRAIN SUPERVISORS AND EMPLOYEES TO PROTECT EMPLOYEES FROM HEAT-RELAT-
 ED ILLNESS CAUSED BY HEAT STRESS.
   § 3. Paragraph f of subdivision 3 of section 131 of the labor law,  as
 amended  by  chapter  975  of  the  laws  of 1966, is amended to read as
 follows:
   f. A minor fourteen or fifteen years of age may be  employed  in  farm
 service  PURSUANT TO SECTION ONE HUNDRED THIRTY-THREE-A OF THIS ARTICLE,
 when attendance upon instruction is not required by the  education  law,
 provided  such  minor  presents  a farm work permit issued in accordance
 with the education law. Such permit shall be valid only when  signed  by
 the employer and it shall not be valid for work in or in connection with
 a factory.
   §  4. Subparagraph 1 of paragraph a of subdivision 3 of section 132 of
 the labor law, as amended by chapter  1017  of  the  laws  of  1971,  is
 amended to read as follows:
   (1)  Work  on a farm PURSUANT TO THE PROVISIONS OF SECTION ONE HUNDRED
 THIRTY-THREE-A OF THIS ARTICLE;
   § 5. Subdivision 1 of section 141 of the  labor  law,  as  amended  by
 chapter 642 of the laws of 1991, is amended to read as follows:
   1.  [If] NOTWITHSTANDING THE VIOLATIONS SET FORTH IN SUBDIVISION THREE
 OF SECTION ONE HUNDRED THIRTY-THREE-A OF THIS ARTICLE,  IF  the  commis-
 sioner finds that an employer has violated any provision of this article
 or  of a rule or regulation promulgated thereunder, the commissioner may
 by an  order  which  shall  describe  particularly  the  nature  of  the
 violation,  assess  the  employer  a  civil penalty of not more than one
 thousand dollars for the first such violation, not more than  two  thou-
 sand  dollars  for  a  second violation and not more than three thousand
 dollars for a third or subsequent violation. Such penalty shall be  paid
 to the commissioner for deposit in the treasury of the state. In assess-
 ing the amount of the penalty, the commissioner shall give due consider-
 ation  to  the  size  of  the employer's business, the good faith of the
 employer,  the  gravity  of  the  violation,  the  history  of  previous
 violations  and  the  failure  to  comply  with  record-keeping or other
 requirements, provided, however,  that  where  such  violation  involves
 illegal  employment  during  which a minor is seriously injured or dies,
 A. 9235                             5

 such penalty shall be treble the maximum penalty allowable under the law
 for such violation.  For the purposes of this subdivision, a minor shall
 be deemed to be seriously injured if such injury results in a  permanent
 partial  or  permanent  total  disability  as determined by the workers'
 compensation board.
   § 6. This act shall take effect on the thirtieth day  after  it  shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  and  completed
 on or before such effective date.