Assembly Bill A2681

Signed By Governor
2021-2022 Legislative Session

Prevents occupational exposure to an airborne infectious disease

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor


  • 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

Bill Amendments

co-Sponsors

2021-A2681 - Details

Law Section:
Labor Law
Laws Affected:
Add §§218-b & 27-d, Lab L

2021-A2681 - Summary

Prevents occupational exposure to an airborne infectious disease by implementing a model infectious disease exposure prevention standard and requiring employers to implement such model or a similar plan; provides that 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 injure another, the court may in its discretion impose sanctions against the attorney or party who brought such action, defense, counterclaim or crossclaim; makes related provisions.

2021-A2681 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2681
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 19, 2021
                                ___________
 
 Introduced  by M. of A. REYES, LUPARDO, DE LA ROSA, L. ROSENTHAL, ROZIC,
   GOTTFRIED, BURDICK, SEAWRIGHT, BARRON,  J. RIVERA,  MONTESANO,  ENGLE-
   BRIGHT,  JACOBSON,  TAYLOR,  ZINERMAN,  PERRY, MEEKS, CLARK, LUNSFORD,
   GONZALEZ-ROJAS -- read once and referred 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.
              

co-Sponsors

2021-A2681A - Details

Law Section:
Labor Law
Laws Affected:
Add §§218-b & 27-d, Lab L

2021-A2681A - Summary

Prevents occupational exposure to an airborne infectious disease by implementing a model infectious disease exposure prevention standard and requiring employers to implement such model or a similar plan; provides that 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 injure another, the court may in its discretion impose sanctions against the attorney or party who brought such action, defense, counterclaim or crossclaim; makes related provisions.

2021-A2681A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2681--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 19, 2021
                                ___________
 
 Introduced  by M. of A. REYES, LUPARDO, DE LA ROSA, L. ROSENTHAL, ROZIC,
   GOTTFRIED, BURDICK, SEAWRIGHT, BARRON,  J. RIVERA,  MONTESANO,  ENGLE-
   BRIGHT,  JACOBSON,  TAYLOR,  ZINERMAN,  PERRY, MEEKS, CLARK, LUNSFORD,
   GONZALEZ-ROJAS, DINOWITZ, MAMDANI, SIMON,  HEVESI,  DICKENS,  JACKSON,
   GALLAGHER,  FERNANDEZ,  COLTON, RAJKUMAR, EPSTEIN, SILLITTI, D. ROSEN-
   THAL, CARROLL, MITAYNES,  DeSTEFANO,  PHEFFER AMATO,  QUART,  BRONSON,
   NOLAN,  FORREST,  LAVINE, RODRIGUEZ, BENEDETTO, ABBATE, THIELE, ANDER-
   SON, O'DONNELL, BARNWELL, BURGOS, CRUZ -- read once  and  referred  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  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

2021-A2681B (ACTIVE) - Details

Law Section:
Labor Law
Laws Affected:
Add §§218-b & 27-d, Lab L

2021-A2681B (ACTIVE) - Summary

Prevents occupational exposure to an airborne infectious disease by implementing a model infectious disease exposure prevention standard and requiring employers to implement such model or a similar plan; provides that 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 injure another, the court may in its discretion impose sanctions against the attorney or party who brought such action, defense, counterclaim or crossclaim; makes related provisions.

2021-A2681B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2681--B
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 19, 2021
                                ___________
 
 Introduced  by M. of A. REYES, LUPARDO, DE LA ROSA, L. ROSENTHAL, ROZIC,
   GOTTFRIED, BURDICK, SEAWRIGHT, BARRON,  J. RIVERA,  MONTESANO,  ENGLE-
   BRIGHT,  JACOBSON,  TAYLOR,  ZINERMAN,  PERRY, MEEKS, CLARK, LUNSFORD,
   GONZALEZ-ROJAS, DINOWITZ, MAMDANI, SIMON,  HEVESI,  DICKENS,  JACKSON,
   GALLAGHER,  FERNANDEZ,  COLTON, RAJKUMAR, EPSTEIN, SILLITTI, D. ROSEN-
   THAL,  CARROLL,  MITAYNES,  PHEFFER AMATO,  QUART,   BRONSON,   NOLAN,
   FORREST,  LAVINE,  RODRIGUEZ,  BENEDETTO,  ABBATE,  THIELE,  ANDERSON,
   O'DONNELL, BARNWELL, BURGOS, CRUZ,  SEPTIMO,  NIOU,  PICHARDO,  DURSO,
   CYMBROWITZ,  WALLACE,  KIM,  OTIS, HUNTER -- read once and referred to
   the Committee on Labor -- committee discharged, bill amended,  ordered
   reprinted as amended and recommitted to said committee -- reported and
   referred  to  the  Committee  on  Codes  -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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