senate Bill S1034B

Signed By Governor
2021-2022 Legislative Session

Prevents occupational exposure to an airborne infectious disease

download bill text pdf

Sponsored By

Current Bill Status Via A2681 - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

view actions (20)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 05, 2021 approval memo.7
signed chap.105
Apr 23, 2021 delivered to governor
Apr 20, 2021 returned to assembly
passed senate
3rd reading cal.119
substituted for s1034b
Apr 20, 2021 substituted by a2681b
Apr 19, 2021 amended on third reading 1034b
Apr 19, 2021 vote reconsidered - restored to third reading
returned to senate
recalled from assembly
Mar 01, 2021 referred to labor
delivered to assembly
passed senate
Feb 22, 2021 amended on third reading 1034a
Jan 25, 2021 advanced to third reading
Jan 20, 2021 2nd report cal.
Jan 19, 2021 1st report cal.119
Jan 06, 2021 referred to labor

Votes

view votes

Jan 19, 2021 - Labor committee Vote

S1034
10
1
committee
10
Aye
1
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: Jan 19, 2021

nay (1)
aye wr (2)

Sponsor's Position

The New York HERO Act will honor their efforts by giving essential workers the tools to protect themselves while on the job.

Co-Sponsors

view additional co-sponsors

S1034 - Details

See Assembly Version of this Bill:
A2681
Law Section:
Labor Law
Laws Affected:
Add §§218-b & 27-d, Lab L

S1034 - 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.

S1034 - Sponsor Memo

S1034 - Bill Text download pdf

 
                     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

Co-Sponsors

view additional co-sponsors

S1034A - Details

See Assembly Version of this Bill:
A2681
Law Section:
Labor Law
Laws Affected:
Add §§218-b & 27-d, Lab L

S1034A - 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.

S1034A - Sponsor Memo

S1034A - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1034--A
     Cal. No. 119
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2021
                                ___________
 
 Introduced by Sens. GIANARIS, BENJAMIN, BIAGGI, BRISPORT, BROOKS, BROUK,
   COONEY,  GAUGHRAN,  GOUNARDES,  HINCHEY,  HOYLMAN,  JACKSON,  KENNEDY,
   KRUEGER, MANNION, MAY, MAYER, RAMOS, REICHLIN-MELNICK,  RIVERA,  RYAN,
   SALAZAR,  SANDERS,  SAVINO,  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
 
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

Co-Sponsors

view additional co-sponsors

S1034B (ACTIVE) - Details

See Assembly Version of this Bill:
A2681
Law Section:
Labor Law
Laws Affected:
Add §§218-b & 27-d, Lab L

S1034B (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.

S1034B (ACTIVE) - Sponsor Memo

S1034B (ACTIVE) - Bill Text download pdf

 
                     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

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