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Senate Bill S3725

2021-2022 Legislative Session

Relates to business safety plans and liability of businesses for damages associated with a pandemic

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Archive: Last Bill Status - In Senate Committee Labor Committee

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2021-S3725 (ACTIVE) - Details

Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Amd §200, Lab L; amd §2, Work Comp L
Versions Introduced in Other Legislative Sessions:
2019-2020: S8463
2023-2024: S1227

2021-S3725 (ACTIVE) - Summary

Requires each place of employment to develop a business safety plan to provide reasonable and adequate protection from a pandemic disease for all employees and people who lawfully frequent such places; provides that employers who develop and follow safety plans are not liable for damages to employees or patrons due to disease during a pandemic.

2021-S3725 (ACTIVE) - Sponsor Memo

2021-S3725 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3725
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2021
                                ___________
 
 Introduced  by  Sen.  ORTT  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Labor
 
 AN ACT to amend the labor law and  the  workers'  compensation  law,  in
   relation  to  liability  of  businesses  for damages associated with a
   pandemic

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  200  of the labor law is amended by adding a new
 subdivision 5 to read as follows:
   5. IN THE EVENT OF A PANDEMIC, AS DECLARED BY THE WORLD HEALTH  ORGAN-
 IZATION, ALL PLACES TO WHICH THIS CHAPTER APPLIES SHALL, WITHIN FOURTEEN
 DAYS  OF  THE FIRST CONFIRMED CASE IN NEW YORK STATE, DEVELOP A BUSINESS
 SAFETY PLAN TO CONTINUE  OPERATIONS,  WHICH  SHALL  CONTAIN  A  PLAN  TO
 PROVIDE REASONABLE AND ADEQUATE PROTECTION FROM THE PANDEMIC DISEASE FOR
 ALL PERSONS EMPLOYED THEREIN OR LAWFULLY FREQUENTING SUCH PLACES. IN THE
 EVENT  THAT  A  PERSON EMPLOYED THEREIN OR WHO LAWFULLY FREQUENTS SUCH A
 PLACE CONTRACTS THE PANDEMIC DISEASE, THE OWNERS  OR  EMPLOYERS  OF  ANY
 PLACE  TO  WHICH  THIS  CHAPTER  APPLIES SHALL NOT BE LIABLE FOR DAMAGES
 ASSOCIATED WITH CONTRACTING THE PANDEMIC DISEASE IF ALL OF THE FOLLOWING
 CONDITIONS ARE MET:
   (A) THE PLACE POSSESSED A COMPLETED BUSINESS SAFETY PLAN;
   (B) THE PLACE COMPLIED WITH ITS BUSINESS SAFETY PLAN;
   (C) THE BUSINESS SAFETY PLAN  REASONABLY  PROTECTED  PERSONS  EMPLOYED
 THEREIN AND PERSONS WHO FREQUENT THE PLACE; AND
   (D) THE OWNERS OR EMPLOYERS OF THE WORKPLACE WERE NOT OTHERWISE GROSS-
 LY NEGLIGENT.
   §  2. Subdivision 15 of section 2 of the workers' compensation law, as
 added by chapter 659 of the laws of 1984, is amended to read as follows:
   15. "Occupational disease" means a disease resulting from  the  nature
 of  employment  and  contracted  therein.  SUCH  TERM  SHALL NOT INCLUDE
 DISEASES CONTRACTED IN A PANDEMIC AS DECLARED BY THE WORLD HEALTH ORGAN-
 IZATION WHEN THE EMPLOYER ACTED IN ACCORDANCE  WITH  THE  PROVISIONS  OF
 SUBDIVISION FIVE OF SECTION TWO HUNDRED OF THE LABOR LAW.
   § 3. This act shall take effect immediately.

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