S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1034
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2021
                                ___________
 
 Introduced  by Sens. GIANARIS, BENJAMIN, GOUNARDES, JACKSON, MAY, RAMOS,
   SALAZAR, SANDERS, SAVINO -- 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 preventing occupational
   exposure to an airborne infectious 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 218-b to
 read as follows:
   § 218-B. PREVENTION OF OCCUPATIONAL EXPOSURE TO AN AIRBORNE INFECTIOUS
 DISEASE. 1.  FOR PURPOSES OF THIS SECTION,  THE  FOLLOWING  TERMS  SHALL
 HAVE THE FOLLOWING MEANINGS:
   (A)  "EMPLOYEE"  SHALL MEAN ANY PERSON PROVIDING LABOR OR SERVICES FOR
 REMUNERATION FOR A PRIVATE ENTITY OR BUSINESS WITHIN THE STATE,  WITHOUT
 REGARD TO AN INDIVIDUAL'S IMMIGRATION STATUS, AND SHALL INCLUDE, BUT NOT
 BE  LIMITED  TO,  PART-TIME  WORKERS,  INDEPENDENT CONTRACTORS, DOMESTIC
 WORKERS, HOME CARE AND PERSONAL CARE WORKERS, DAY LABORERS,  FARMWORKERS
 AND  OTHER  TEMPORARY  AND SEASONAL WORKERS. THE TERM SHALL ALSO INCLUDE
 INDIVIDUALS WORKING FOR STAFFING AGENCIES, CONTRACTORS OR SUBCONTRACTORS
 ON BEHALF OF THE EMPLOYER AT ANY INDIVIDUAL WORK SITE, AS  WELL  AS  ANY
 INDIVIDUAL  DELIVERING  GOODS  OR TRANSPORTING PEOPLE AT, TO OR FROM THE
 WORK SITE ON BEHALF OF THE EMPLOYER, REGARDLESS OF WHETHER  DELIVERY  OR
 TRANSPORT  IS  CONDUCTED BY AN INDIVIDUAL OR ENTITY THAT WOULD OTHERWISE
 BE DEEMED AN EMPLOYER UNDER THIS CHAPTER. THE  TERM  SHALL  NOT  INCLUDE
 EMPLOYEES OF THE STATE, ANY POLITICAL SUBDIVISION OF THE STATE, A PUBLIC
 AUTHORITY, OR ANY OTHER GOVERNMENTAL AGENCY OR INSTRUMENTALITY.
   (B)  "WORK  SITE"  SHALL MEAN ANY PHYSICAL SPACE, INCLUDING A VEHICLE,
 THAT HAS BEEN DESIGNATED AS THE LOCATION WHERE WORK  IS  PERFORMED.  THE
 TERM  SHALL  INCLUDE  EMPLOYER-PROVIDED  HOUSING  AND  EMPLOYER-PROVIDED
 TRANSPORTATION AT, TO OR FROM THE WORK SITE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06114-01-1
              

 S. 1034                             2
 
   (C) "SUPERVISOR" OR "SUPERVISORY EMPLOYEE" SHALL MEAN ANY  PERSON  WHO
 HAS  THE  AUTHORITY  TO DIRECT AND CONTROL THE WORK PERFORMANCE OF OTHER
 EMPLOYEES, OR WHO HAS THE MANAGERIAL AUTHORITY TO TAKE CORRECTIVE ACTION
 REGARDING THE VIOLATION OF THE LAW,  RULES  OR  REGULATIONS.  THIS  TERM
 SHALL NOT INCLUDE ANY MEMBER OF A COLLECTIVE BARGAINING UNIT.
   (D)  "EMPLOYER"  SHALL MEAN ANY PERSON, ENTITY, BUSINESS, CORPORATION,
 PARTNERSHIP,  LIMITED  LIABILITY  COMPANY,  OR  ASSOCIATION   EMPLOYING,
 HIRING,  OR  PAYING FOR THE LABOR OF ANY INDIVIDUAL, WHETHER DIRECTLY OR
 INDIRECTLY, IN ANY OCCUPATION, INDUSTRY, TRADE,  BUSINESS,  OR  SERVICE.
 THE  TERM  SHALL NOT INCLUDE THE STATE, ANY POLITICAL SUBDIVISION OF THE
 STATE, A PUBLIC AUTHORITY, OR ANY OTHER GOVERNMENTAL AGENCY  OR  INSTRU-
 MENTALITY.
   2.  THE  COMMISSIONER,  IN CONSULTATION WITH THE DEPARTMENT OF HEALTH,
 SHALL CREATE AND PUBLISH, IN BOTH ENGLISH AND SPANISH, A MODEL  AIRBORNE
 INFECTIOUS  DISEASE  EXPOSURE  PREVENTION  STANDARD  FOR ALL WORK SITES,
 DIFFERENTIATED  BY  INDUSTRY,  TO  ESTABLISH  MINIMUM  REQUIREMENTS  FOR
 PREVENTING  EXPOSURE TO AIRBORNE INFECTIOUS DISEASES IN THE WORKPLACE IN
 ORDER TO PROTECT THE  PUBLIC.  THE  MODEL  INFECTIOUS  DISEASE  EXPOSURE
 PREVENTION  STANDARD  SHALL TAKE INTO ACCOUNT THE TYPES OF RISKS PRESENT
 AT THE WORK SITE, INCLUDING THE PRESENCE OF THIRD PARTIES.  THE  COMMIS-
 SIONER  SHALL  DETERMINE,  IN  HIS OR HER DISCRETION, WHICH LANGUAGES TO
 PUBLISH THE STANDARD IN ADDITION TO ENGLISH AND  SPANISH  BASED  ON  THE
 NUMBER  OF INDIVIDUALS IN THE STATE POPULATION THAT SPEAK EACH LANGUAGE,
 THE PREVALENCE OF CERTAIN LANGUAGES BEING SPOKEN  IN  PARTICULAR  INDUS-
 TRIES,  AND  ANY OTHER FACTOR THAT THE COMMISSIONER SHALL DEEM RELEVANT.
 SUCH STANDARD  SHALL  INCLUDE,  BUT  NOT  BE  LIMITED  TO,  ESTABLISHING
 REQUIREMENTS ON PROCEDURES AND METHODS FOR:
   (A) EMPLOYEE HEALTH SCREENINGS;
   (B) FACE COVERINGS;
   (C)  REQUIRED PERSONAL PROTECTIVE EQUIPMENT ("PPE") APPLICABLE TO EACH
 INDUSTRY FOR EYES, FACE, HEAD,  AND  EXTREMITIES,  PROTECTIVE  CLOTHING,
 RESPIRATORY DEVICES, AND PROTECTIVE SHIELDS AND BARRIERS, WHICH SHALL BE
 PROVIDED,  USED,  AND MAINTAINED IN A SANITARY AND RELIABLE CONDITION AT
 THE EXPENSE OF THE EMPLOYER. THE STANDARD SHALL PROVIDE FOR  A  LIST  OF
 PPE  THAT  SATISFIES  THE  REQUIREMENTS, BASED ON HAZARD ASSESSMENTS FOR
 EACH INDUSTRY;
   (D) ACCESSIBLE WORKPLACE HAND HYGIENE STATIONS AND MAINTAINING HEALTHY
 HAND HYGIENE, WHICH SHALL, AT MINIMUM, MANDATE THAT  EMPLOYERS  HAVE  AT
 LEAST  A  NINETY DAY SUPPLY OF HAND HYGIENE MATERIALS AND THAT EMPLOYERS
 PROVIDE ADEQUATE BREAK TIMES FOR WORKERS TO USE  HANDWASHING  FACILITIES
 AS NEEDED;
   (E)   REGULAR  CLEANING  AND  DISINFECTING  OF  SHARED  EQUIPMENT  AND
 FREQUENTLY TOUCHED SURFACES SUCH AS  WORKSTATIONS,  TOUCHSCREENS,  TELE-
 PHONES, HANDRAILS, AND DOORKNOBS, AND ALL SURFACES AND WASHABLE ITEMS IN
 OTHER HIGH-RISK AREAS SUCH AS RESTROOMS, DINING AREAS/BREAKROOMS, LOCKER
 ROOMS, VEHICLES AND SLEEPING QUARTERS.  CLEANING AND DISINFECTING PROTO-
 COLS  SHALL  MANDATE  THAT  THE  EMPLOYER  IS  RESPONSIBLE  FOR ENSURING
 ADEQUATE AMOUNTS OF CLEANING AND DISINFECTING SUPPLIES, AND  SELECT  THE
 LEAST TOXIC PRODUCTS APPROVED BY THE EPA UNDER EPA LIST N;
   (F) EFFECTIVE SOCIAL DISTANCING FOR EMPLOYEES AND CONSUMERS OR CUSTOM-
 ERS INCLUDING SIGN POSTAGE OR MARKERS; INCREASING PHYSICAL SPACE BETWEEN
 WORKERS  AT  THE  WORKSITE; LIMITING CAPACITY OF CUSTOMERS OR CONSUMERS;
 DELIVERING SERVICES REMOTELY OR THROUGH CURBSIDE PICK-UP;  RECONFIGURING
 SPACES  WHERE  WORKERS  CONGREGATE; FLEXIBLE MEETING AND TRAVEL OPTIONS;
 FLEXIBLE WORKSITES; OR IMPLEMENTING FLEXIBLE WORK HOURS  SUCH  AS  STAG-
 GERED SHIFTS;

 S. 1034                             3
 
   (G)  COMPLIANCE WITH MANDATORY OR PRECAUTIONARY ORDERS OF ISOLATION OR
 QUARANTINE THAT HAVE BEEN ISSUED TO EMPLOYEES, INCLUDING THE IDENTIFICA-
 TION AND  PROVISION  OF  SEPARATE  AND  APPROPRIATE  ACCOMMODATIONS  FOR
 EMPLOYEES WHO RESIDE IN EMPLOYER-PROVIDED HOUSING IN A MANNER CONSISTENT
 WITH  MANDATORY OR PRECAUTIONARY ORDERS OF ISOLATION AND QUARANTINE THAT
 HAVE BEEN ISSUED TO EMPLOYERS AND EMPLOYEES;
   (H) COMPLIANCE WITH APPLICABLE ENGINEERING CONTROLS SUCH AS PROPER AIR
 FLOW, EXHAUST VENTILATION, OR OTHER SPECIAL DESIGN REQUIREMENTS;
   (I) DESIGNATION OF  ONE  OR  MORE  SUPERVISORY  EMPLOYEES  TO  ENFORCE
 COMPLIANCE WITH THE AIRBORNE INFECTIOUS DISEASE EXPOSURE PREVENTION PLAN
 AND  ANY OTHER FEDERAL, STATE, OR LOCAL GUIDANCE RELATED TO AVOIDANCE OF
 SPREADING AN AIRBORNE INFECTIOUS DISEASE AS APPLICABLE TO EMPLOYEES  AND
 THIRD  PARTIES SUCH AS CUSTOMERS, CONTRACTORS, AND MEMBERS OF THE PUBLIC
 WITHIN THE WORKPLACE. NON-SUPERVISORY  LINE  EMPLOYEES  SHALL  NOT  BEAR
 RESPONSIBILITY FOR COMPLIANCE WITH THE REQUIREMENTS OF THE MODEL POLICY;
   (J)  COMPLIANCE  WITH  ANY APPLICABLE LAWS, RULES, REGULATIONS, STAND-
 ARDS, OR GUIDANCE ON NOTIFICATION TO EMPLOYEES AND  RELEVANT  STATE  AND
 LOCAL  AGENCIES  OF POTENTIAL EXPOSURE TO AIRBORNE INFECTIOUS DISEASE AT
 THE WORK SITE; AND
   (K) VERBAL REVIEW OF INFECTIOUS DISEASE  STANDARD,  EMPLOYER  POLICIES
 AND EMPLOYEE RIGHTS UNDER THIS SECTION.
   3.  THE MODEL AIRBORNE INFECTIOUS DISEASE EXPOSURE PREVENTION STANDARD
 SHALL ALSO INCLUDE ANTI-RETALIATION REQUIREMENTS PURSUANT TO SUBDIVISION
 EIGHT OF THIS  SECTION.  THE  COMMISSIONER,  IN  CONSULTATION  WITH  THE
 DEPARTMENT OF HEALTH, SHALL UPDATE THE MODEL AIRBORNE INFECTIOUS DISEASE
 EXPOSURE PREVENTION STANDARD AS NECESSARY PROVIDED THAT THE COMMISSIONER
 SHALL INFORM EMPLOYERS OF THE CHANGES.
   4.  (A)  EVERY EMPLOYER SHALL ESTABLISH AN AIRBORNE INFECTIOUS DISEASE
 EXPOSURE PREVENTION PLAN EITHER BY ADOPTING THE MODEL STANDARD  RELEVANT
 TO  THEIR  INDUSTRY PROMULGATED PURSUANT TO THIS SECTION AS ITS AIRBORNE
 INFECTIOUS DISEASE EXPOSURE PREVENTION PLAN OR BY ESTABLISHING AN ALTER-
 NATIVE PLAN THAT EQUALS OR EXCEEDS THE MINIMUM STANDARDS PROVIDED BY THE
 MODEL STANDARD.
   (B) IN ANY  CIRCUMSTANCE  WHERE  AN  ALTERNATIVE  AIRBORNE  INFECTIOUS
 DISEASE  EXPOSURE PREVENTION PLAN IS ADOPTED, THE EMPLOYER SHALL DEVELOP
 SUCH PLAN PURSUANT TO AN AGREEMENT WITH THE COLLECTIVE BARGAINING REPRE-
 SENTATIVE, IF ANY, OR WITH MEANINGFUL PARTICIPATION OF  EMPLOYEES  WHERE
 THERE IS NO COLLECTIVE BARGAINING REPRESENTATIVE, FOR ALL ASPECTS OF THE
 PLAN,  AND  SUCH  PLAN  SHALL BE TAILORED AND SPECIFIC TO HAZARDS IN THE
 SPECIFIC INDUSTRY AND WORK SITES OF THE EMPLOYER.
   5. EVERY EMPLOYER SHALL PROVIDE THE AIRBORNE INFECTIOUS DISEASE  EXPO-
 SURE  PREVENTION PLAN TO HIS OR HER EMPLOYEES, IN WRITING IN ENGLISH AND
 IN THE LANGUAGE IDENTIFIED BY EACH EMPLOYEE AS THE PRIMARY  LANGUAGE  OF
 SUCH  EMPLOYEES UPON REOPENING AFTER A PERIOD OF CLOSURE DUE TO AIRBORNE
 INFECTIOUS DISEASE AND UPON HIRING. BUSINESSES PERMITTED TO  OPERATE  AS
 OF  THE  EFFECTIVE  DATE  OF  THIS  ACT SHALL PROVIDE SUCH A PLAN TO ALL
 EMPLOYEES UPON THE EFFECTIVE DATE OF THIS ACT AND UPON HIRING.  WHEN  AN
 EMPLOYEE  IDENTIFIES AS HIS OR HER PRIMARY LANGUAGE A LANGUAGE FOR WHICH
 A MODEL DOCUMENT IS NOT AVAILABLE FROM THE  COMMISSIONER,  THE  EMPLOYER
 SHALL  COMPLY  WITH  THIS  PARAGRAPH  BY PROVIDING THAT EMPLOYEE WITH AN
 ENGLISH-LANGUAGE NOTICE.
   6. THE AIRBORNE INFECTIOUS DISEASE EXPOSURE PREVENTION PLAN  SHALL  BE
 POSTED  IN  A  VISIBLE  AND  PROMINENT  LOCATION WITHIN THE WORKSITE. AN
 EMPLOYER THAT PROVIDES AN EMPLOYEE HANDBOOK TO ITS EMPLOYEES  SHALL,  IN
 ADDITION,  INCLUDE  THE  AIRBORNE INFECTIOUS DISEASE EXPOSURE PREVENTION
 PLAN IN ITS HANDBOOK.

 S. 1034                             4
 
   7. EACH EMPLOYER SHALL MAKE THE AIRBORNE INFECTIOUS  DISEASE  EXPOSURE
 PREVENTION  PLAN AVAILABLE, UPON REQUEST, TO ALL EMPLOYEES AND INDEPEND-
 ENT CONTRACTORS, EMPLOYEE REPRESENTATIVES, COLLECTIVE BARGAINING  REPRE-
 SENTATIVES, AND THE COMMISSIONER AND THE COMMISSIONER OF PUBLIC HEALTH.
   8.  NO EMPLOYER, OR HIS OR HER AGENT, OR PERSON ACTING AS OR ON BEHALF
 OF A HIRING ENTITY, OR THE OFFICER OR AGENT  OF  ANY  ENTITY,  BUSINESS,
 CORPORATION,  PARTNERSHIP, OR LIMITED LIABILITY COMPANY, SHALL DISCRIMI-
 NATE, THREATEN, RETALIATE AGAINST, OR TAKE ADVERSE  ACTION  AGAINST  ANY
 EMPLOYEE FOR:
   (A) EXERCISING THEIR RIGHTS UNDER THIS SECTION OR UNDER THE APPLICABLE
 AIRBORNE INFECTIOUS DISEASE EXPOSURE PREVENTION PLAN.
   (B)  REPORTING  VIOLATIONS  OF THIS SECTION OR THE APPLICABLE AIRBORNE
 INFECTIOUS DISEASE EXPOSURE PREVENTION PLAN  TO  ANY  STATE,  LOCAL,  OR
 FEDERAL GOVERNMENT ENTITY, PUBLIC OFFICER OR ELECTED OFFICIAL.
   (C)  REPORTING  AN AIRBORNE INFECTIOUS DISEASE EXPOSURE CONCERN TO, OR
 SEEKING ASSISTANCE OR INTERVENTION WITH RESPECT TO  AIRBORNE  INFECTIOUS
 DISEASE  EXPOSURE  CONCERNS, TO THEIR EMPLOYER, STATE, LOCAL, OR FEDERAL
 GOVERNMENT ENTITY, PUBLIC OFFICER OR ELECTED OFFICIAL.
   (D) REFUSING TO WORK WHERE SUCH EMPLOYEE REASONABLY BELIEVES, IN  GOOD
 FAITH,  THAT  SUCH  WORK  EXPOSES  HIM  OR  HER, OR OTHER WORKERS OR THE
 PUBLIC, TO AN UNREASONABLE RISK OF EXPOSURE TO  AN  AIRBORNE  INFECTIOUS
 DISEASE DUE TO THE EXISTENCE OF WORKING CONDITIONS THAT ARE INCONSISTENT
 WITH LAWS, RULES, POLICIES, ORDERS OF ANY GOVERNMENTAL ENTITY, INCLUDING
 BUT NOT LIMITED TO, THE MINIMUM STANDARDS PROVIDED BY THE MODEL AIRBORNE
 INFECTIOUS  DISEASE  EXPOSURE  PREVENTION  STANDARD,  PROVIDED  THAT THE
 EMPLOYEE, ANOTHER EMPLOYEE,  OR  EMPLOYEE  REPRESENTATIVE  NOTIFIED  THE
 EMPLOYER  OF THE INCONSISTENT WORKING CONDITIONS AND THE EMPLOYER FAILED
 TO CURE THE CONDITIONS OR THE EMPLOYER HAD OR SHOULD HAVE HAD REASON  TO
 KNOW ABOUT THE INCONSISTENT WORKING CONDITIONS AND MAINTAINED THE INCON-
 SISTENT WORKING CONDITIONS.
   9.  NOTHING  IN  THIS  SECTION SHALL BE DEEMED TO DIMINISH THE RIGHTS,
 PRIVILEGES, OR REMEDIES OF ANY EMPLOYEE UNDER ANY COLLECTIVE  BARGAINING
 AGREEMENT.
   10. (A) IF AFTER INVESTIGATION THE COMMISSIONER FINDS THAT AN EMPLOYER
 OR  PERSON  HAS VIOLATED ANY PROVISION OF THIS SECTION, THE COMMISSIONER
 MAY, BY AN ORDER WHICH SHALL DESCRIBE PARTICULARLY  THE  NATURE  OF  THE
 VIOLATION,  ASSESS  THE  EMPLOYER  OR PERSON A CIVIL PENALTY OF NOT LESS
 THAN FIFTY DOLLARS PER DAY FOR FAILURE TO ADOPT AN  AIRBORNE  INFECTIOUS
 DISEASE  EXPOSURE PREVENTION PLAN, OR NOT LESS THAN ONE THOUSAND DOLLARS
 NOR MORE THAN TEN THOUSAND DOLLARS FOR FAILURE TO ABIDE  BY  AN  ADOPTED
 AIRBORNE INFECTIOUS DISEASE EXPOSURE PREVENTION PLAN. PROVIDED, HOWEVER,
 THAT  IF  THE  COMMISSIONER  FINDS  THAT  THE  EMPLOYER HAS VIOLATED THE
 PROVISIONS OF THIS SECTION IN THE PRECEDING SIX YEARS,  HE  OR  SHE  MAY
 ASSESS  A CIVIL PENALTY OF NOT LESS THAN TWO HUNDRED DOLLARS PER DAY FOR
 FAILURE TO ADOPT AN  AIRBORNE  INFECTIOUS  DISEASE  EXPOSURE  PREVENTION
 PLAN,  OR  NOT LESS THAN ONE THOUSAND DOLLARS NOR MORE THAN TWENTY THOU-
 SAND DOLLARS FOR FAILURE TO ABIDE  BY  AN  ADOPTED  AIRBORNE  INFECTIOUS
 DISEASE  EXPOSURE PREVENTION PLAN. THE COMMISSIONER MAY ALSO ORDER OTHER
 APPROPRIATE RELIEF INCLUDING ENJOINING THE  CONDUCT  OF  ANY  PERSON  OR
 EMPLOYER IN ADDITION TO ANY OTHER REMEDIES PERMITTED BY THIS SECTION.
   (B) ANY EMPLOYEE MAY BRING A CIVIL ACTION SEEKING INJUNCTIVE RELIEF IN
 A  COURT  OF  COMPETENT JURISDICTION AGAINST AN EMPLOYER ALLEGED TO HAVE
 VIOLATED THE AIRBORNE INFECTIOUS DISEASE EXPOSURE PREVENTION PLAN  IN  A
 MANNER  THAT  CREATES  A  SUBSTANTIAL  PROBABILITY THAT DEATH OR SERIOUS
 PHYSICAL HARM COULD RESULT FROM A CONDITION WHICH EXISTS, OR FROM ONE OR
 MORE PRACTICES, MEANS, METHODS, OPERATIONS OR PROCESSES WHICH HAVE  BEEN

 S. 1034                             5
 
 ADOPTED  OR  ARE  IN  USE,  BY THE EMPLOYER AT THE WORK SITE, UNLESS THE
 EMPLOYER DID NOT AND COULD NOT, WITH THE EXERCISE  OF  REASONABLE  DILI-
 GENCE,  KNOW  OF  THE  PRESENCE  OF  THE VIOLATION. THE COURT SHALL HAVE
 JURISDICTION  TO  RESTRAIN  SUCH VIOLATIONS AND TO ORDER ALL APPROPRIATE
 RELIEF, INCLUDING ENJOINING THE CONDUCT OF THE EMPLOYER; AWARDING  COSTS
 AND  REASONABLE ATTORNEYS' FEES TO THE EMPLOYEE; AND ORDERING PAYMENT OF
 LIQUIDATED DAMAGES OF NO GREATER THAN TWENTY  THOUSAND  DOLLARS,  UNLESS
 THE  EMPLOYER  PROVES A GOOD FAITH BASIS TO BELIEVE THAT THE ESTABLISHED
 HEALTH AND SAFETY  MEASURES  WERE  IN  COMPLIANCE  WITH  THE  APPLICABLE
 AIRBORNE INFECTIOUS DISEASE STANDARD.
   11. THE PROVISIONS AND REMEDIES OF PARAGRAPH (B) OF SUBDIVISION ONE OF
 SECTION  TWO  HUNDRED  FIFTEEN  OF  THIS  CHAPTER SHALL BE APPLICABLE TO
 SUBDIVISION EIGHT OF THIS SECTION.
   12. WHERE A VIOLATION OF THIS SECTION IS ALLEGED TO HAVE OCCURRED, THE
 COMMISSIONER OR ATTORNEY GENERAL MAY APPLY IN THE NAME OF THE PEOPLE  OF
 THE  STATE OF NEW YORK FOR AN ORDER ENJOINING OR RESTRAINING THE COMMIS-
 SION OR CONTINUANCE OF THE ALLEGED UNLAWFUL ACTS.  THE COMMISSIONER,  IN
 CONSULTATION WITH THE COMMISSIONER OF HEALTH, SHALL PROMULGATE RULES AND
 REGULATIONS NECESSARY TO ENSURE COMPLIANCE WITH THIS CHAPTER.
   13. THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF HEALTH,
 SHALL ADOPT AND AMEND RULES AND REGULATIONS TO EFFECTUATE THE PROVISIONS
 AND PURPOSES OF THIS SECTION.
   §  2. The labor law is amended by adding a new section 27-d to read as
 follows:
   § 27-D. WORKPLACE SAFETY COMMITTEES.  1.  FOR  THE  PURPOSES  OF  THIS
 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "EMPLOYER"  SHALL MEAN ANY PERSON, ENTITY, BUSINESS, CORPORATION,
 PARTNERSHIP, LIMITED LIABILITY COMPANY, OR AN ASSOCIATION  EMPLOYING  AT
 LEAST  TEN  EMPLOYEES  OR HAVING AN ANNUAL PAYROLL OF OVER EIGHT HUNDRED
 THOUSAND DOLLARS AND A  WORKERS'  COMPENSATION  EXPERIENCE  MODIFICATION
 RATING  OF  MORE  THAN  1.20.  THE TERM SHALL NOT INCLUDE THE STATE, ANY
 POLITICAL SUBDIVISION OF THE STATE, A PUBLIC  AUTHORITY,  OR  ANY  OTHER
 GOVERNMENTAL AGENCY OR INSTRUMENTALITY.
   (B)  "EMPLOYEE"  SHALL  INCLUDE ALL EMPLOYEES IN THE STATE, EXCEPT FOR
 EMPLOYEES OF THE STATE, ANY POLITICAL SUBDIVISION OF THE STATE, A PUBLIC
 AUTHORITY, OR ANY OTHER GOVERNMENTAL AGENCY OR INSTRUMENTALITY.
   2. EMPLOYERS SHALL PERMIT EMPLOYEES  TO  ESTABLISH  AND  ADMINISTER  A
 JOINT LABOR-MANAGEMENT WORKPLACE SAFETY COMMITTEE. EACH WORKPLACE SAFETY
 COMMITTEE SHALL BE COMPOSED OF EMPLOYEE AND EMPLOYER DESIGNEES, PROVIDED
 AT  LEAST  TWO-THIRDS ARE NON-SUPERVISORY EMPLOYEES. EMPLOYEE MEMBERS OF
 THE COMMITTEE SHALL BE SELECTED  BY,  AND  FROM  AMONG,  NON-SUPERVISORY
 EMPLOYEES.  COMMITTEES  SHALL  BE  CO-CHAIRED BY A REPRESENTATIVE OF THE
 EMPLOYER AND NON-SUPERVISORY EMPLOYEES.  WHERE  THERE  IS  A  COLLECTIVE
 BARGAINING  AGREEMENT IN PLACE, THE COLLECTIVE BARGAINING REPRESENTATIVE
 SHALL BE RESPONSIBLE FOR THE SELECTION OF EMPLOYEES TO SERVE AS  MEMBERS
 OF THE COMMITTEE.  COMMITTEES REPRESENTING GEOGRAPHICALLY DISTINCT WORK-
 SITES MAY ALSO BE FORMED AS NECESSARY.
   3.  NO  EMPLOYER  SHALL  INTERFERE WITH THE SELECTION OF EMPLOYEES WHO
 SHALL SERVE ON SUCH COMMITTEE OR  WHO  SERVE  AS  THE  WORKPLACE  SAFETY
 DESIGNEE  OR  WITH  SUCH EMPLOYEES' PERFORMANCE OF THE DUTIES AUTHORIZED
 UNDER THIS SECTION.
   4. EACH WORKPLACE SAFETY COMMITTEE AND WORKPLACE SAFETY DESIGNEE SHALL
 BE AUTHORIZED TO PERFORM THE FOLLOWING TASKS, INCLUDING BUT NOT  LIMITED
 TO:
   (A)   RAISE  HEALTH  AND  SAFETY  CONCERNS,  HAZARDS,  COMPLAINTS  AND
 VIOLATIONS TO THE EMPLOYER TO WHICH THE EMPLOYER MUST RESPOND.

 S. 1034                             6
 
   (B) REVIEW ANY POLICY PUT IN PLACE IN THE WORKPLACE  REQUIRED  BY  ANY
 PROVISION  OF THIS CHAPTER OR ANY PROVISION OF THE WORKERS' COMPENSATION
 LAW AND PROVIDE FEEDBACK TO SUCH POLICY IN A MANNER CONSISTENT WITH  ANY
 PROVISION OF LAW.
   (C)  REVIEW THE ADOPTION OF ANY POLICY IN THE WORKPLACE IN RESPONSE TO
 ANY HEALTH OR SAFETY LAW, ORDINANCE, RULE, REGULATION, EXECUTIVE  ORDER,
 OR OTHER RELATED DIRECTIVE.
   (D) PARTICIPATE IN ANY SITE VISIT BY ANY GOVERNMENTAL ENTITY RESPONSI-
 BLE  FOR  ENFORCING  SAFETY  AND HEALTH STANDARDS IN A MANNER CONSISTENT
 WITH ANY PROVISION OF LAW.
   (E) REVIEW ANY REPORT FILED BY THE EMPLOYER RELATED TO THE HEALTH  AND
 SAFETY  OF  THE  WORKPLACE  IN A MANNER CONSISTENT WITH ANY PROVISION OF
 LAW.
   (F) REGULARLY SCHEDULE A MEETING DURING WORK HOURS  AT  LEAST  ONCE  A
 QUARTER.
   5.  EMPLOYERS  SHALL  PERMIT  SAFETY  COMMITTEE  DESIGNEES TO ATTEND A
 TRAINING, WITHOUT SUFFERING A LOSS OF PAY, ON  THE  FUNCTION  OF  WORKER
 SAFETY  COMMITTEES, RIGHTS ESTABLISHED UNDER THIS SECTION, AND AN INTRO-
 DUCTION TO OCCUPATIONAL SAFETY AND HEALTH.
   6. ANY EMPLOYEE WHO PARTICIPATES IN THE ACTIVITIES OR ESTABLISHMENT OF
 A WORKPLACE SAFETY COMMITTEE SHALL NOT BE SUBJECT TO RETALIATION FOR ANY
 ACTIONS TAKEN PURSUANT TO THEIR PARTICIPATION. VIOLATIONS OF THIS SUBDI-
 VISION SHALL BE DEEMED TO BE A VIOLATION OF PARAGRAPH (A) OF SUBDIVISION
 ONE OF SECTION TWO HUNDRED FIFTEEN OF THIS CHAPTER.
   7. NOTHING IN THIS SECTION SHALL PREVENT A COLLECTIVE BARGAINING AGENT
 FROM NEGOTIATING PROVISIONS OF  A  COLLECTIVE  BARGAINING  AGREEMENT  IN
 CONFLICT  WITH  THE  PROVISIONS  OF THIS SECTION; PROVIDED, HOWEVER, ANY
 AGREEMENT IN CONFLICT WITH THIS SECTION SHALL  SPECIFICALLY  ACKNOWLEDGE
 THE PROVISIONS OF THIS SECTION.
   8.  THE  DEPARTMENT  SHALL  ADOPT  AND  AMEND RULES AND REGULATIONS TO
 EFFECTUATE THE PROVISIONS AND PURPOSES OF THIS SECTION.
   § 3. Severability. If any provision of this act,  or  the  application
 thereof  to  any person or circumstances, is held invalid or unconstitu-
 tional, that invalidity or unconstitutionality shall  not  affect  other
 provisions  or applications of this act that can be given effect without
 the invalid or unconstitutional provision or application,  and  to  this
 end the provisions of this act are severable.
   §  4.  This  act shall take effect on the thirtieth day after it shall
 have become a law; provided, however, that section two of this act shall
 take effect on the one hundred eightieth 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.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1034--B
     Cal. No. 119
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  GIANARIS,  BAILEY,  BENJAMIN,  BIAGGI,  BRISPORT,
   BROOKS, BROUK, COONEY, GAUGHRAN, GOUNARDES, HINCHEY, HOYLMAN, JACKSON,
   KENNEDY,  KRUEGER,  LIU,   MANNION,   MAY,   MAYER,   PARKER,   RAMOS,
   REICHLIN-MELNICK,  RIVERA,  RYAN, SALAZAR, SANDERS, SAVINO, SEPULVEDA,
   SKOUFIS, THOMAS -- read twice and ordered printed, and when printed to
   be committed to the Committee on Labor -- reported favorably from said
   committee, ordered to first and second  report,  ordered  to  a  third
   reading,  amended  and  ordered  reprinted, retaining its place in the
   order of third reading -- passed by Senate and delivered to the Assem-
   bly, recalled, vote reconsidered, restored to third  reading,  amended
   and ordered reprinted, retaining its place in the order of third read-
   ing
 
 AN  ACT  to  amend the labor law, in relation to preventing occupational
   exposure to an airborne infectious 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 218-b to
 read as follows:
   § 218-B. PREVENTION OF OCCUPATIONAL EXPOSURE TO AN AIRBORNE INFECTIOUS
 DISEASE. 1.  FOR PURPOSES OF THIS SECTION,  THE  FOLLOWING  TERMS  SHALL
 HAVE THE FOLLOWING MEANINGS:
   (A)  "EMPLOYEE"  SHALL MEAN ANY PERSON PROVIDING LABOR OR SERVICES FOR
 REMUNERATION FOR A PRIVATE ENTITY OR BUSINESS WITHIN THE STATE,  WITHOUT
 REGARD TO AN INDIVIDUAL'S IMMIGRATION STATUS, AND SHALL INCLUDE, BUT NOT
 BE  LIMITED  TO,  PART-TIME  WORKERS,  INDEPENDENT CONTRACTORS, DOMESTIC
 WORKERS, HOME CARE AND PERSONAL CARE WORKERS, DAY LABORERS,  FARMWORKERS
 AND  OTHER  TEMPORARY  AND SEASONAL WORKERS. THE TERM SHALL ALSO INCLUDE
 INDIVIDUALS WORKING FOR STAFFING AGENCIES, CONTRACTORS OR SUBCONTRACTORS
 ON BEHALF OF THE EMPLOYER AT ANY INDIVIDUAL WORK SITE, AS  WELL  AS  ANY
 INDIVIDUAL  DELIVERING  GOODS  OR TRANSPORTING PEOPLE AT, TO OR FROM THE
 WORK SITE ON BEHALF OF THE EMPLOYER, REGARDLESS OF WHETHER  DELIVERY  OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD06114-11-1

 S. 1034--B                          2
 
 TRANSPORT  IS  CONDUCTED BY AN INDIVIDUAL OR ENTITY THAT WOULD OTHERWISE
 BE DEEMED AN EMPLOYER UNDER THIS CHAPTER. THE  TERM  SHALL  NOT  INCLUDE
 EMPLOYEES OF THE STATE, ANY POLITICAL SUBDIVISION OF THE STATE, A PUBLIC
 AUTHORITY, OR ANY OTHER GOVERNMENTAL AGENCY OR INSTRUMENTALITY.
   (B)  "WORK  SITE"  SHALL MEAN ANY PHYSICAL SPACE, INCLUDING A VEHICLE,
 THAT HAS BEEN DESIGNATED AS THE LOCATION WHERE WORK  IS  PERFORMED.  THE
 TERM  SHALL  INCLUDE  EMPLOYER-PROVIDED  HOUSING  AND  EMPLOYER-PROVIDED
 TRANSPORTATION AT, TO OR FROM THE WORK SITE BUT SHALL  NOT  INCLUDE  THE
 RESIDENCE  OF  THE  EMPLOYER  OR EMPLOYEE UNLESS SUCH RESIDENCE HAS BEEN
 PROVIDED BY THE EMPLOYER AND IS USED AS THE PRIMARY  PLACE  OF  WORK  OR
 SUCH  RESIDENCE  IS PROVIDED BY AN EMPLOYER COVERED UNDER THE PROVISIONS
 OF ARTICLE NINETEEN-A OF THIS CHAPTER.
   (C) "SUPERVISOR" OR "SUPERVISORY EMPLOYEE" SHALL MEAN ANY  PERSON  WHO
 HAS  THE  AUTHORITY  TO DIRECT AND CONTROL THE WORK PERFORMANCE OF OTHER
 EMPLOYEES, OR WHO HAS THE MANAGERIAL AUTHORITY TO TAKE CORRECTIVE ACTION
 REGARDING THE VIOLATION OF THE LAW,  RULES  OR  REGULATIONS.  THIS  TERM
 SHALL  NOT INCLUDE ANY EMPLOYEE WHO IS A MEMBER OF A COLLECTIVE BARGAIN-
 ING UNIT THAT PRIMARILY REPRESENTS EMPLOYEES NOT OTHERWISE DEEMED TO  BE
 A SUPERVISOR OR SUPERVISORY EMPLOYEE AS DEFINED BY THIS SUBDIVISION.
   (D)  "EMPLOYER"  SHALL MEAN ANY PERSON, ENTITY, BUSINESS, CORPORATION,
 PARTNERSHIP,  LIMITED  LIABILITY  COMPANY,  OR  ASSOCIATION   EMPLOYING,
 HIRING,  OR  PAYING  FOR  THE LABOR OF ANY INDIVIDUAL IN ANY OCCUPATION,
 INDUSTRY, TRADE, BUSINESS, OR SERVICE. THE TERM SHALL  NOT  INCLUDE  THE
 STATE,  ANY  POLITICAL  SUBDIVISION OF THE STATE, A PUBLIC AUTHORITY, OR
 ANY OTHER GOVERNMENTAL AGENCY OR INSTRUMENTALITY.
   (E) "AIRBORNE INFECTIOUS DISEASE" SHALL  MEAN  ANY  INFECTIOUS  VIRAL,
 BACTERIAL OR FUNGAL DISEASE THAT IS TRANSMISSIBLE THROUGH THE AIR IN THE
 FORM OF AEROSOL PARTICLES OR DROPLETS AND IS DESIGNATED  A HIGHLY CONTA-
 GIOUS COMMUNICABLE DISEASE BY THE COMMISSIONER OF HEALTH THAT PRESENTS A
 SERIOUS RISK OF HARM TO THE PUBLIC HEALTH.
   2.  THE  COMMISSIONER,  IN CONSULTATION WITH THE DEPARTMENT OF HEALTH,
 SHALL CREATE AND PUBLISH, IN BOTH ENGLISH AND SPANISH, A MODEL  AIRBORNE
 INFECTIOUS  DISEASE  EXPOSURE  PREVENTION  STANDARD  FOR ALL WORK SITES,
 DIFFERENTIATED  BY  INDUSTRY,  TO  ESTABLISH  MINIMUM  REQUIREMENTS  FOR
 PREVENTING  EXPOSURE TO AIRBORNE INFECTIOUS DISEASES IN THE WORKPLACE IN
 ORDER TO PROTECT THE PUBLIC AND THE WORKFORCE.    THE  MODEL  INFECTIOUS
 DISEASE  EXPOSURE  PREVENTION STANDARD SHALL TAKE INTO ACCOUNT THE TYPES
 OF RISKS PRESENT AT THE WORK  SITE,  INCLUDING  THE  PRESENCE  OF  THIRD
 PARTIES.    THE  MODEL STANDARD SHALL EXPLICITLY SPECIFY AND DISTINGUISH
 THE EXTENT TO WHICH THE PROVISIONS ARE APPLICABLE FOR  DIFFERENT  LEVELS
 OF  AIRBORNE  INFECTIOUS DISEASE EXPOSURE, AND SHALL TAKE INTO CONSIDER-
 ATION CIRCUMSTANCES WHERE A STATE OF  EMERGENCY  HAS  OR  HAS  NOT  BEEN
 DECLARED  DUE  TO  AN  AIRBORNE  INFECTIOUS DISEASE, AND DISTINCTIONS IN
 POLICIES BASED ON CIRCUMSTANCES WHERE A  STATE  OF  EMERGENCY  HAS  BEEN
 DECLARED DUE TO AN AIRBORNE INFECTIOUS DISEASE SHALL TAKE INTO CONSIDER-
 ATION  ALL  APPLICABLE FEDERAL STANDARDS TO THE EXTENT PRACTICABLE.  THE
 COMMISSIONER SHALL DETERMINE, IN HIS OR HER DISCRETION, WHICH  LANGUAGES
 TO  PUBLISH THE STANDARD IN ADDITION TO ENGLISH AND SPANISH BASED ON THE
 NUMBER OF INDIVIDUALS IN THE STATE POPULATION THAT SPEAK EACH  LANGUAGE,
 THE  PREVALENCE  OF  CERTAIN LANGUAGES BEING SPOKEN IN PARTICULAR INDUS-
 TRIES, AND ANY OTHER FACTOR THAT THE COMMISSIONER SHALL  DEEM  RELEVANT.
 SUCH  STANDARD  SHALL  INCLUDE,  BUT  NOT  BE  LIMITED  TO, ESTABLISHING
 REQUIREMENTS ON PROCEDURES AND METHODS FOR:
   (A) EMPLOYEE HEALTH SCREENINGS;
   (B) FACE COVERINGS;

 S. 1034--B                          3

   (C) REQUIRED PERSONAL PROTECTIVE EQUIPMENT ("PPE") APPLICABLE TO  EACH
 INDUSTRY  FOR  EYES,  FACE,  HEAD, AND EXTREMITIES, PROTECTIVE CLOTHING,
 RESPIRATORY DEVICES, AND PROTECTIVE SHIELDS AND BARRIERS, WHICH SHALL BE
 PROVIDED, USED, AND MAINTAINED IN A SANITARY AND RELIABLE  CONDITION  AT
 THE  EXPENSE  OF  THE EMPLOYER. THE STANDARD SHALL PROVIDE FOR A LIST OF
 PPE THAT SATISFIES THE REQUIREMENTS, BASED  ON  HAZARD  ASSESSMENTS  FOR
 EACH INDUSTRY;
   (D) ACCESSIBLE WORKPLACE HAND HYGIENE STATIONS AND MAINTAINING HEALTHY
 HAND HYGIENE AND THAT EMPLOYERS PROVIDE ADEQUATE BREAK TIMES FOR WORKERS
 TO USE HANDWASHING FACILITIES AS NEEDED;
   (E)   REGULAR  CLEANING  AND  DISINFECTING  OF  SHARED  EQUIPMENT  AND
 FREQUENTLY TOUCHED SURFACES SUCH AS  WORKSTATIONS,  TOUCHSCREENS,  TELE-
 PHONES, HANDRAILS, AND DOORKNOBS, AND ALL SURFACES AND WASHABLE ITEMS IN
 OTHER HIGH-RISK AREAS SUCH AS RESTROOMS, DINING AREAS/BREAKROOMS, LOCKER
 ROOMS, VEHICLES AND SLEEPING QUARTERS;
   (F) EFFECTIVE SOCIAL DISTANCING FOR EMPLOYEES AND CONSUMERS OR CUSTOM-
 ERS,  AS  THE  RISK OF ILLNESS MAY WARRANT, INCLUDING OPTIONS FOR SOCIAL
 DISTANCING SUCH AS SIGN POSTAGE OR MARKERS;  INCREASING  PHYSICAL  SPACE
 BETWEEN  WORKERS  AT  THE  WORKSITE;  LIMITING  CAPACITY OF CUSTOMERS OR
 CONSUMERS; DELIVERING SERVICES REMOTELY  OR  THROUGH  CURBSIDE  PICK-UP;
 RECONFIGURING  SPACES  WHERE  WORKERS  CONGREGATE;  FLEXIBLE MEETING AND
 TRAVEL OPTIONS; FLEXIBLE WORKSITES; OR IMPLEMENTING FLEXIBLE WORK  HOURS
 SUCH AS STAGGERED SHIFTS;
   (G)  COMPLIANCE WITH MANDATORY OR PRECAUTIONARY ORDERS OF ISOLATION OR
 QUARANTINE THAT HAVE BEEN ISSUED TO EMPLOYEES, INCLUDING THE IDENTIFICA-
 TION AND  PROVISION  OF  SEPARATE  AND  APPROPRIATE  ACCOMMODATIONS  FOR
 EMPLOYEES WHO RESIDE IN EMPLOYER-PROVIDED HOUSING IN A MANNER CONSISTENT
 WITH  MANDATORY OR PRECAUTIONARY ORDERS OF ISOLATION AND QUARANTINE THAT
 HAVE BEEN ISSUED TO EMPLOYERS AND EMPLOYEES;
   (H) COMPLIANCE WITH APPLICABLE ENGINEERING CONTROLS SUCH AS PROPER AIR
 FLOW, EXHAUST VENTILATION, OR OTHER SPECIAL DESIGN REQUIREMENTS;
   (I) DESIGNATION OF  ONE  OR  MORE  SUPERVISORY  EMPLOYEES  TO  ENFORCE
 COMPLIANCE WITH THE AIRBORNE INFECTIOUS DISEASE EXPOSURE PREVENTION PLAN
 AND  ANY OTHER FEDERAL, STATE, OR LOCAL GUIDANCE RELATED TO AVOIDANCE OF
 SPREADING AN AIRBORNE INFECTIOUS DISEASE AS APPLICABLE TO EMPLOYEES  AND
 THIRD  PARTIES SUCH AS CUSTOMERS, CONTRACTORS, AND MEMBERS OF THE PUBLIC
 WITHIN THE WORKPLACE. NON-SUPERVISORY  LINE  EMPLOYEES  SHALL  NOT  BEAR
 RESPONSIBILITY  FOR  OVERSEEING  COMPLIANCE WITH THE REQUIREMENTS OF THE
 MODEL POLICY;
   (J) COMPLIANCE WITH ANY APPLICABLE LAWS,  RULES,  REGULATIONS,  STAND-
 ARDS,  OR  GUIDANCE  ON NOTIFICATION TO EMPLOYEES AND RELEVANT STATE AND
 LOCAL AGENCIES OF POTENTIAL EXPOSURE TO AIRBORNE INFECTIOUS  DISEASE  AT
 THE WORK SITE; AND
   (K)  VERBAL  REVIEW  OF INFECTIOUS DISEASE STANDARD, EMPLOYER POLICIES
 AND EMPLOYEE RIGHTS UNDER THIS SECTION, EXCEPT SUCH REVIEW NEED  NOT  BE
 PROVIDED   TO ANY INDIVIDUALS WORKING FOR STAFFING AGENCIES, CONTRACTORS
 OR SUBCONTRACTORS   ON BEHALF OF THE EMPLOYER  AT  ANY  INDIVIDUAL  WORK
 SITE,  AS   WELL  AS  ANY  INDIVIDUAL DELIVERING  GOODS  OR TRANSPORTING
 PEOPLE AT, TO OR FROM THE WORK SITE ON BEHALF  OF  THE  EMPLOYER,  WHERE
 DELIVERY   OR   TRANSPORT  IS  CONDUCTED BY AN INDIVIDUAL OR ENTITY THAT
 WOULD OTHERWISE  BE DEEMED AN EMPLOYER UNDER THIS CHAPTER.
   3. THE MODEL AIRBORNE INFECTIOUS DISEASE EXPOSURE PREVENTION  STANDARD
 SHALL ALSO INCLUDE ANTI-RETALIATION REQUIREMENTS PURSUANT TO SUBDIVISION
 EIGHT  OF  THIS  SECTION.    THE  COMMISSIONER, IN CONSULTATION WITH THE
 DEPARTMENT OF HEALTH, SHALL UPDATE THE MODEL AIRBORNE INFECTIOUS DISEASE

 S. 1034--B                          4
 
 EXPOSURE PREVENTION STANDARD AS NECESSARY PROVIDED THAT THE COMMISSIONER
 SHALL INFORM EMPLOYERS OF THE CHANGES.
   4.  (A)  EVERY EMPLOYER SHALL ESTABLISH AN AIRBORNE INFECTIOUS DISEASE
 EXPOSURE PREVENTION PLAN EITHER BY ADOPTING THE MODEL STANDARD  RELEVANT
 TO  THEIR  INDUSTRY PROMULGATED PURSUANT TO THIS SECTION AS ITS AIRBORNE
 INFECTIOUS DISEASE EXPOSURE PREVENTION PLAN OR BY ESTABLISHING AN ALTER-
 NATIVE PLAN THAT EQUALS OR EXCEEDS THE MINIMUM STANDARDS PROVIDED BY THE
 MODEL STANDARD.
   (B) IN ANY  CIRCUMSTANCE  WHERE  AN  ALTERNATIVE  AIRBORNE  INFECTIOUS
 DISEASE  EXPOSURE PREVENTION PLAN IS ADOPTED, THE EMPLOYER SHALL DEVELOP
 SUCH PLAN PURSUANT TO AN AGREEMENT WITH THE COLLECTIVE BARGAINING REPRE-
 SENTATIVE, IF ANY, OR WITH MEANINGFUL PARTICIPATION OF  EMPLOYEES  WHERE
 THERE IS NO COLLECTIVE BARGAINING REPRESENTATIVE, FOR ALL ASPECTS OF THE
 PLAN,  AND  SUCH  PLAN  SHALL BE TAILORED AND SPECIFIC TO HAZARDS IN THE
 SPECIFIC INDUSTRY AND WORK SITES OF THE EMPLOYER.
   5. EVERY EMPLOYER SHALL PROVIDE THE AIRBORNE INFECTIOUS DISEASE  EXPO-
 SURE  PREVENTION PLAN TO HIS OR HER EMPLOYEES, IN WRITING IN ENGLISH AND
 IN THE LANGUAGE IDENTIFIED BY EACH EMPLOYEE AS THE PRIMARY  LANGUAGE  OF
 SUCH  EMPLOYEES UPON REOPENING AFTER A PERIOD OF CLOSURE DUE TO AIRBORNE
 INFECTIOUS DISEASE AND UPON HIRING. BUSINESSES PERMITTED TO  OPERATE  AS
 OF  THE  EFFECTIVE DATE OF THIS SECTION SHALL PROVIDE SUCH A PLAN TO ALL
 EMPLOYEES UPON THE EFFECTIVE DATE OF THIS ACT AND UPON HIRING.  WHEN  AN
 EMPLOYEE  IDENTIFIES AS HIS OR HER PRIMARY LANGUAGE A LANGUAGE FOR WHICH
 A MODEL DOCUMENT IS NOT AVAILABLE FROM THE  COMMISSIONER,  THE  EMPLOYER
 SHALL  COMPLY  WITH  THIS  PARAGRAPH  BY PROVIDING THAT EMPLOYEE WITH AN
 ENGLISH-LANGUAGE NOTICE.
   6. THE AIRBORNE INFECTIOUS DISEASE EXPOSURE PREVENTION PLAN  SHALL  BE
 POSTED  IN  A  VISIBLE  AND  PROMINENT  LOCATION WITHIN THE WORKSITE. AN
 EMPLOYER THAT PROVIDES AN EMPLOYEE HANDBOOK TO ITS EMPLOYEES  SHALL,  IN
 ADDITION,  INCLUDE  THE  AIRBORNE INFECTIOUS DISEASE EXPOSURE PREVENTION
 PLAN IN ITS HANDBOOK.
   7. EACH EMPLOYER SHALL MAKE THE AIRBORNE INFECTIOUS  DISEASE  EXPOSURE
 PREVENTION  PLAN AVAILABLE, UPON REQUEST, TO ALL EMPLOYEES AND INDEPEND-
 ENT CONTRACTORS, EMPLOYEE REPRESENTATIVES, COLLECTIVE BARGAINING  REPRE-
 SENTATIVES, AND THE COMMISSIONER AND THE COMMISSIONER OF PUBLIC HEALTH.
   8.  NO EMPLOYER, OR HIS OR HER AGENT, OR PERSON ACTING AS OR ON BEHALF
 OF A HIRING ENTITY, OR THE OFFICER OR AGENT  OF  ANY  ENTITY,  BUSINESS,
 CORPORATION,  PARTNERSHIP, OR LIMITED LIABILITY COMPANY, SHALL DISCRIMI-
 NATE, THREATEN, RETALIATE AGAINST, OR TAKE ADVERSE  ACTION  AGAINST  ANY
 EMPLOYEE FOR:
   (A) EXERCISING THEIR RIGHTS UNDER THIS SECTION OR UNDER THE APPLICABLE
 AIRBORNE INFECTIOUS DISEASE EXPOSURE PREVENTION PLAN.
   (B)  REPORTING  VIOLATIONS  OF THIS SECTION OR THE APPLICABLE AIRBORNE
 INFECTIOUS DISEASE EXPOSURE PREVENTION PLAN  TO  ANY  STATE,  LOCAL,  OR
 FEDERAL GOVERNMENT ENTITY, PUBLIC OFFICER OR ELECTED OFFICIAL.
   (C)  REPORTING  AN AIRBORNE INFECTIOUS DISEASE EXPOSURE CONCERN TO, OR
 SEEKING ASSISTANCE OR INTERVENTION WITH RESPECT TO  AIRBORNE  INFECTIOUS
 DISEASE  EXPOSURE  CONCERNS, TO THEIR EMPLOYER, STATE, LOCAL, OR FEDERAL
 GOVERNMENT ENTITY, PUBLIC OFFICER OR ELECTED OFFICIAL.
   (D) REFUSING TO WORK WHERE SUCH EMPLOYEE REASONABLY BELIEVES, IN  GOOD
 FAITH,  THAT  SUCH  WORK  EXPOSES  HIM  OR  HER, OR OTHER WORKERS OR THE
 PUBLIC, TO AN UNREASONABLE RISK OF EXPOSURE TO  AN  AIRBORNE  INFECTIOUS
 DISEASE DUE TO THE EXISTENCE OF WORKING CONDITIONS THAT ARE INCONSISTENT
 WITH LAWS, RULES, POLICIES, ORDERS OF ANY GOVERNMENTAL ENTITY, INCLUDING
 BUT NOT LIMITED TO, THE MINIMUM STANDARDS PROVIDED BY THE MODEL AIRBORNE
 INFECTIOUS  DISEASE  EXPOSURE  PREVENTION  STANDARD,  PROVIDED  THAT THE

 S. 1034--B                          5
 
 EMPLOYEE, ANOTHER EMPLOYEE,  OR  EMPLOYEE  REPRESENTATIVE  NOTIFIED  THE
 EMPLOYER  OF THE INCONSISTENT WORKING CONDITIONS AND THE EMPLOYER FAILED
 TO CURE THE CONDITIONS OR THE EMPLOYER HAD OR SHOULD HAVE HAD REASON  TO
 KNOW ABOUT THE INCONSISTENT WORKING CONDITIONS AND MAINTAINED THE INCON-
 SISTENT WORKING CONDITIONS.
   9.  NOTHING  IN  THIS  SECTION SHALL BE DEEMED TO DIMINISH THE RIGHTS,
 PRIVILEGES, OR REMEDIES OF ANY EMPLOYEE UNDER ANY COLLECTIVE  BARGAINING
 AGREEMENT.  THE PROVISIONS OF THIS SECTION MAY BE WAIVED BY A COLLECTIVE
 BARGAINING  AGREEMENT,  PROVIDED  THAT  FOR  SUCH WAIVER TO BE VALID, IT
 SHALL EXPLICITLY REFERENCE THIS SECTION.
   10. (A) IF  AFTER  INVESTIGATION  THE  COMMISSIONER  FINDS  THAT  SUCH
 EMPLOYER  OR  PERSON  HAS  VIOLATED  ANY  PROVISION OF THIS SECTION, THE
 COMMISSIONER MAY, BY AN ORDER  WHICH  SHALL  DESCRIBE  PARTICULARLY  THE
 NATURE  OF  THE VIOLATION, ASSESS A CIVIL PENALTY OF NOT LESS THAN FIFTY
 DOLLARS PER DAY FOR FAILURE TO  ADOPT  AN  AIRBORNE  INFECTIOUS  DISEASE
 EXPOSURE PREVENTION PLAN, OR NOT LESS THAN ONE THOUSAND DOLLARS NOR MORE
 THAN  TEN  THOUSAND  DOLLARS FOR FAILURE TO ABIDE BY AN ADOPTED AIRBORNE
 INFECTIOUS DISEASE EXPOSURE PREVENTION PLAN. PROVIDED, HOWEVER, THAT  IF
 THE  COMMISSIONER FINDS THAT THE EMPLOYER HAS VIOLATED THE PROVISIONS OF
 THIS SECTION IN THE PRECEDING SIX YEARS, HE OR SHE MAY  ASSESS  A  CIVIL
 PENALTY  OF  NOT  LESS  THAN  TWO HUNDRED DOLLARS PER DAY FOR FAILURE TO
 ADOPT AN AIRBORNE INFECTIOUS DISEASE EXPOSURE PREVENTION  PLAN,  OR  NOT
 LESS THAN ONE THOUSAND DOLLARS NOR MORE THAN TWENTY THOUSAND DOLLARS FOR
 FAILURE  TO  ABIDE  BY  AN  ADOPTED AIRBORNE INFECTIOUS DISEASE EXPOSURE
 PREVENTION PLAN. THE  COMMISSIONER  MAY  ALSO  ORDER  OTHER  APPROPRIATE
 RELIEF  INCLUDING  ENJOINING  THE  CONDUCT  OF ANY PERSON OR EMPLOYER IN
 ADDITION TO ANY OTHER REMEDIES PERMITTED BY THIS SECTION.
   (B) ANY EMPLOYEE MAY BRING A CIVIL ACTION SEEKING INJUNCTIVE RELIEF IN
 A COURT OF COMPETENT JURISDICTION AGAINST AN EMPLOYER  ALLEGED  TO  HAVE
 VIOLATED  THE  AIRBORNE INFECTIOUS DISEASE EXPOSURE PREVENTION PLAN IN A
 MANNER THAT CREATES A SUBSTANTIAL  PROBABILITY  THAT  DEATH  OR  SERIOUS
 PHYSICAL HARM COULD RESULT FROM A CONDITION WHICH EXISTS, OR FROM ONE OR
 MORE  PRACTICES, MEANS, METHODS, OPERATIONS OR PROCESSES WHICH HAVE BEEN
 ADOPTED OR ARE IN USE, BY THE EMPLOYER AT  THE  WORK  SITE,  UNLESS  THE
 EMPLOYER  DID  NOT  AND COULD NOT, WITH THE EXERCISE OF REASONABLE DILI-
 GENCE, KNOW OF THE PRESENCE OF  THE  VIOLATION.  THE  COURT  SHALL  HAVE
 JURISDICTION  TO  RESTRAIN  SUCH VIOLATIONS AND TO ORDER ALL APPROPRIATE
 RELIEF, INCLUDING ENJOINING THE CONDUCT OF THE EMPLOYER; AWARDING  COSTS
 AND  REASONABLE ATTORNEYS' FEES TO THE EMPLOYEE; AND ORDERING PAYMENT OF
 LIQUIDATED DAMAGES OF NO GREATER THAN TWENTY  THOUSAND  DOLLARS,  UNLESS
 THE  EMPLOYER  PROVES A GOOD FAITH BASIS TO BELIEVE THAT THE ESTABLISHED
 HEALTH AND SAFETY  MEASURES  WERE  IN  COMPLIANCE  WITH  THE  APPLICABLE
 AIRBORNE  INFECTIOUS  DISEASE  STANDARD.   WHERE AN ACTION BROUGHT BY AN
 EMPLOYEE UNDER THE PROVISIONS OF THIS SECTION, OR  A  DEFENSE,  COUNTER-
 CLAIM,  OR  CROSSCLAIM  BROUGHT  BY  AN EMPLOYER IN RESPONSE THERETO, IS
 FOUND UPON JUDGMENT TO BE COMPLETELY WITHOUT MERIT IN LAW AND UNDERTAKEN
 PRIMARILY TO HARASS OR MALICIOUSLY INJURE ANOTHER, THE COURT MAY IN  ITS
 DISCRETION  IMPOSE  SANCTIONS  AGAINST THE ATTORNEY OR PARTY WHO BROUGHT
 SUCH ACTION, DEFENSE, COUNTERCLAIM OR CROSSCLAIM.
   11. THE PROVISIONS AND REMEDIES OF PARAGRAPH (B)  OF  SUBDIVISION  ONE
 AND  PARAGRAPHS  (A)  AND  (B) OF SUBDIVISION TWO OF SECTION TWO HUNDRED
 FIFTEEN OF THIS ARTICLE SHALL BE APPLICABLE TO SUBDIVISION EIGHT OF THIS
 SECTION.  WHERE AN ACTION BROUGHT BY AN EMPLOYEE UNDER THE PROVISIONS OF
 THIS SECTION, OR A DEFENSE, COUNTERCLAIM, OR CROSSCLAIM  BROUGHT  BY  AN
 EMPLOYER  IN  RESPONSE  THERETO, IS FOUND UPON JUDGMENT TO BE COMPLETELY
 WITHOUT MERIT IN LAW AND UNDERTAKEN PRIMARILY TO HARASS  OR  MALICIOUSLY

 S. 1034--B                          6
 
 INJURE ANOTHER, THE COURT MAY IN ITS DISCRETION IMPOSE SANCTIONS AGAINST
 THE  ATTORNEY OR PARTY WHO BROUGHT SUCH ACTION, DEFENSE, COUNTERCLAIM OR
 CROSSCLAIM.
   12. WHERE A VIOLATION OF THIS SECTION IS ALLEGED TO HAVE OCCURRED, THE
 COMMISSIONER  OR ATTORNEY GENERAL MAY APPLY IN THE NAME OF THE PEOPLE OF
 THE STATE OF NEW YORK FOR AN ORDER ENJOINING OR RESTRAINING THE  COMMIS-
 SION  OR CONTINUANCE OF THE ALLEGED UNLAWFUL ACTS.  THE COMMISSIONER, IN
 CONSULTATION WITH THE COMMISSIONER OF HEALTH, SHALL PROMULGATE RULES AND
 REGULATIONS NECESSARY TO ENSURE COMPLIANCE WITH THIS CHAPTER.
   13. THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF HEALTH,
 SHALL ADOPT AND AMEND RULES AND REGULATIONS TO EFFECTUATE THE PROVISIONS
 AND PURPOSES OF THIS SECTION.
   § 2. The labor law is amended by adding a new section 27-d to read  as
 follows:
   §  27-D.  WORKPLACE  SAFETY  COMMITTEES.  1.  FOR THE PURPOSES OF THIS
 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "EMPLOYER" SHALL MEAN ANY PERSON, ENTITY,  BUSINESS,  CORPORATION,
 PARTNERSHIP,  LIMITED  LIABILITY COMPANY, OR AN ASSOCIATION EMPLOYING AT
 LEAST TEN EMPLOYEES. THE TERM SHALL NOT INCLUDE THE STATE, ANY POLITICAL
 SUBDIVISION OF THE STATE, A PUBLIC AUTHORITY, OR ANY OTHER  GOVERNMENTAL
 AGENCY OR INSTRUMENTALITY.
   (B)  "EMPLOYEE"  SHALL  INCLUDE ALL EMPLOYEES IN THE STATE, EXCEPT FOR
 EMPLOYEES OF THE STATE, ANY POLITICAL SUBDIVISION OF THE STATE, A PUBLIC
 AUTHORITY, OR ANY OTHER GOVERNMENTAL AGENCY OR INSTRUMENTALITY.
   2. EMPLOYERS SHALL PERMIT EMPLOYEES  TO  ESTABLISH  AND  ADMINISTER  A
 JOINT LABOR-MANAGEMENT WORKPLACE SAFETY COMMITTEE. EACH WORKPLACE SAFETY
 COMMITTEE SHALL BE COMPOSED OF EMPLOYEE AND EMPLOYER DESIGNEES, PROVIDED
 AT  LEAST  TWO-THIRDS ARE NON-SUPERVISORY EMPLOYEES. EMPLOYEE MEMBERS OF
 THE COMMITTEE SHALL BE SELECTED  BY,  AND  FROM  AMONG,  NON-SUPERVISORY
 EMPLOYEES.  COMMITTEES  SHALL  BE  CO-CHAIRED BY A REPRESENTATIVE OF THE
 EMPLOYER AND NON-SUPERVISORY EMPLOYEES.  WHERE  THERE  IS  A  COLLECTIVE
 BARGAINING  AGREEMENT IN PLACE, THE COLLECTIVE BARGAINING REPRESENTATIVE
 SHALL BE RESPONSIBLE FOR THE SELECTION OF EMPLOYEES TO SERVE AS  MEMBERS
 OF THE COMMITTEE.  COMMITTEES REPRESENTING GEOGRAPHICALLY DISTINCT WORK-
 SITES MAY ALSO BE FORMED AS NECESSARY.
   3.  NO  EMPLOYER  SHALL  INTERFERE WITH THE SELECTION OF EMPLOYEES WHO
 SHALL SERVE ON SUCH COMMITTEE OR  WHO  SERVE  AS  THE  WORKPLACE  SAFETY
 DESIGNEE  OR  WITH  SUCH EMPLOYEES' PERFORMANCE OF THE DUTIES AUTHORIZED
 UNDER THIS SECTION.
   4. EACH WORKPLACE SAFETY COMMITTEE AND WORKPLACE SAFETY DESIGNEE SHALL
 BE AUTHORIZED TO PERFORM THE FOLLOWING TASKS, INCLUDING BUT NOT  LIMITED
 TO:
   (A)   RAISE  HEALTH  AND  SAFETY  CONCERNS,  HAZARDS,  COMPLAINTS  AND
 VIOLATIONS TO THE EMPLOYER TO WHICH THE EMPLOYER MUST RESPOND.
   (B) REVIEW ANY POLICY PUT IN PLACE IN THE WORKPLACE  REQUIRED  BY  ANY
 PROVISION  OF THIS CHAPTER OR ANY PROVISION OF THE WORKERS' COMPENSATION
 LAW AND PROVIDE FEEDBACK TO SUCH POLICY IN A MANNER CONSISTENT WITH  ANY
 PROVISION OF LAW.
   (C)  REVIEW THE ADOPTION OF ANY POLICY IN THE WORKPLACE IN RESPONSE TO
 ANY HEALTH OR SAFETY LAW, ORDINANCE, RULE, REGULATION, EXECUTIVE  ORDER,
 OR OTHER RELATED DIRECTIVE.
   (D) PARTICIPATE IN ANY SITE VISIT BY ANY GOVERNMENTAL ENTITY RESPONSI-
 BLE  FOR  ENFORCING  SAFETY  AND HEALTH STANDARDS IN A MANNER CONSISTENT
 WITH ANY PROVISION OF LAW.

 S. 1034--B                          7

   (E) REVIEW ANY REPORT FILED BY THE EMPLOYER RELATED TO THE HEALTH  AND
 SAFETY  OF  THE  WORKPLACE  IN A MANNER CONSISTENT WITH ANY PROVISION OF
 LAW.
   (F)  REGULARLY  SCHEDULE  A  MEETING DURING WORK HOURS AT LEAST ONCE A
 QUARTER.
   5. EMPLOYERS SHALL PERMIT  SAFETY  COMMITTEE  DESIGNEES  TO  ATTEND  A
 TRAINING,  WITHOUT  SUFFERING  A  LOSS OF PAY, ON THE FUNCTION OF WORKER
 SAFETY COMMITTEES, RIGHTS ESTABLISHED UNDER THIS SECTION, AND AN  INTRO-
 DUCTION TO OCCUPATIONAL SAFETY AND HEALTH.
   6. ANY EMPLOYEE WHO PARTICIPATES IN THE ACTIVITIES OR ESTABLISHMENT OF
 A WORKPLACE SAFETY COMMITTEE SHALL NOT BE SUBJECT TO RETALIATION FOR ANY
 ACTIONS TAKEN PURSUANT TO THEIR PARTICIPATION. VIOLATIONS OF THIS SUBDI-
 VISION SHALL BE DEEMED TO BE A VIOLATION OF PARAGRAPH (A) OF SUBDIVISION
 ONE  OF SECTION TWO HUNDRED FIFTEEN OF THIS CHAPTER AND THE CIVIL PENAL-
 TIES AND REMEDIES OF PARAGRAPH (B) OF SUBDIVISION ONE AND PARAGRAPHS (A)
 AND (B) OF SUBDIVISION TWO OF SECTION TWO HUNDRED FIFTEEN OF THIS  CHAP-
 TER SHALL BE APPLICABLE TO THIS SUBDIVISION.
   7.  NOTHING  IN  THIS  SECTION SHALL BE DEEMED TO DIMINISH THE RIGHTS,
 PRIVILEGES, OR REMEDIES OF ANY EMPLOYEE UNDER ANY COLLECTIVE  BARGAINING
 AGREEMENT.  THE PROVISIONS OF THIS SECTION MAY BE WAIVED BY A COLLECTIVE
 BARGAINING AGREEMENT, PROVIDED THAT FOR SUCH  WAIVER  TO  BE  VALID,  IT
 SHALL EXPLICITLY REFERENCE THIS SECTION.
   8.  THE  DEPARTMENT  SHALL  ADOPT  AND  AMEND RULES AND REGULATIONS TO
 EFFECTUATE THE PROVISIONS AND PURPOSES OF THIS SECTION.
   § 3. Severability. If any provision of this act,  or  the  application
 thereof  to  any person or circumstances, is held invalid or unconstitu-
 tional, that invalidity or unconstitutionality shall  not  affect  other
 provisions  or applications of this act that can be given effect without
 the invalid or unconstitutional provision or application,  and  to  this
 end the provisions of this act are severable.
   §  4.  This  act shall take effect on the thirtieth day after it shall
 have become a law; provided, however, that section two of this act shall
 take effect on the one hundred eightieth 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.