S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6768
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 14, 2021
                                ___________
 
 Introduced  by Sen. GIANARIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the labor law, in relation  to  preventing  occupational
   exposure  to an airborne infectious disease; and to amend a chapter of
   the laws of 2021 amending the  labor law relating to preventing  occu-
   pational  exposure  to  an airborne infectious disease, as proposed in
   legislative bills numbers S.1034-B and A. 2681-B, in relation  to  the
   effectiveness thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 218-b of the labor law, as added by  a  chapter  of
 the laws of  2021 amending the  labor law relating to preventing occupa-
 tional exposure to an airborne infectious disease, as proposed in legis-
 lative  bills  numbers  S.1034-B  and  A.  2681-B, is amended 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  DIGITAL  APPLICATIONS  OR  PLATFORMS,  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  OR  INDEPENDENT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06114-12-1

 S. 6768                             2
 
 CONTRACTORS  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  OVER
 WHICH  AN  EMPLOYER  HAS THE ABILITY TO EXERCISE CONTROL. 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  nine-
 teen-A  of  this chapter.  THE TERM SHALL NOT INCLUDE A TELECOMMUTING OR
 TELEWORK SITE UNLESS THE EMPLOYER HAS THE ABILITY TO EXERCISE CONTROL OF
 SUCH SITE.
   (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 BY THE COMMIS-
 SIONER OF HEALTH  a  highly  contagious  communicable  disease  [by  the
 commissioner  of  health  that  presents  a  serious risk of harm to the
 public 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] INDUSTRIES  REPRESENTING  A  SIGNIFICANT
 PORTION OF THE WORKFORCE, OR THOSE WITH UNIQUE CHARACTERISTICS REQUIRING
 DISTINCT  STANDARDS,  AS DETERMINED BY THE COMMISSIONER, IN CONSULTATION
 WITH THE COMMISSIONER OF HEALTH. THE COMMISSIONER SHALL  FURTHER  CREATE
 AND  PUBLISH, IN ENGLISH AND IN SPANISH, A GENERAL MODEL AIRBORNE INFEC-
 TIOUS DISEASE EXPOSURE PREVENTION STANDARD APPLICABLE TO  ALL  WORKSITES
 NOT  INCLUDED  IN  THE SPECIFIC INDUSTRY STANDARDS. SUCH MODEL STANDARDS
 SHALL 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 [stand-
 ard]  STANDARDS  shall  take  into account the types of risks present at
 [the] ANY work site CUSTOMARILY ASSOCIATED WITH EACH  COVERED  INDUSTRY,
 including  the presence of third parties. The model [standard] STANDARDS
 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 consideration 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 infec-
 tious disease shall take into consideration all applicable federal stan-

 S. 6768                             3
 
 dards to the extent practicable.  The commissioner shall  determine,  in
 his  or her discretion, which languages to publish the [standard] STAND-
 ARDS in addition to English and Spanish based on the number of  individ-
 uals in the state population that speak each language, the prevalence of
 certain  languages  being spoken in particular industries, and any other
 factor that the commissioner shall deem relevant. Such [standard] STAND-
 ARDS 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] STANDARDS shall provide for
 a list of PPE that satisfies the requirements, based on  hazard  assess-
 ments for each industry;
   (d) Accessible workplace hand hygiene stations and maintaining healthy
 hand  hygiene and that employers provide adequate break times for [work-
 ers] EMPLOYEES 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]  EMPLOYEES  at  the  worksite;  limiting  capacity  of
 customers or consumers; delivering services remotely or through curbside
 pick-up;  reconfiguring  spaces  where  [workers]  EMPLOYEES 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[,] OR 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] NO
 INDIVIDUAL  WHO  IS NOT A SUPERVISORY EMPLOYEE SHALL HAVE responsibility
 for overseeing compliance with the requirements of  the  [model  policy]
 AIRBORNE INFECTIOUS DISEASE EXPOSURE PREVENTION PLAN;
   (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

 S. 6768                             4
 
 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 [stand-
 ard] STANDARDS 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  infec-
 tious  disease  exposure  prevention  [standard]  STANDARDS as necessary
 provided that the commissioner shall inform employers of the changes.
   4. (a) [Every] WITHIN THIRTY DAYS AFTER THE COMMISSIONER PUBLISHES THE
 MODEL GENERAL STANDARD AND THE MODEL STANDARD RELEVANT TO THE  INDUSTRY,
 EACH  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 alternative plan
 that equals or exceeds the minimum standards provided by the model stan-
 dard.  NO EMPLOYEE WHO IS NOT A SUPERVISORY EMPLOYEE SHALL HAVE  RESPON-
 SIBILITY  FOR  OVERSEEING  COMPLIANCE  WITH  THE REQUIREMENTS OF SUCH AN
 AIRBORNE INFECTIOUS DISEASE EXPOSURE PLAN.
   (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]  WITHIN  THIRTY DAYS AFTER ADOPTION OF THE PLAN,
 WITHIN FIFTEEN DAYS AFTER reopening after a period  of  closure  due  to
 airborne  infectious disease and, TO A NEWLY HIRED EMPLOYEE, upon hiring
 THE NEW EMPLOYEE.  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] WITHIN SIXTY DAYS  AFTER
 THE  COMMISSIONER PUBLISHES THE MODEL STANDARD RELEVANT TO THE INDUSTRY.
 When an employee identifies as his or her primary  language  a  language
 for  which a model [document] STANDARD is not available from the commis-
 sioner, 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]  EACH  worksite,
 OTHER THAN A VEHICLE.  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-

 S. 6768                             5
 
 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.  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  TO  THE  EMPLOYEE  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  diligence,  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;

 S. 6768                             6

 AND  awarding costs and reasonable attorneys' fees to the employee[; and
 ordering payment of liquidated damages of no greater than  twenty  thou-
 sand  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, 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.]
 THIS  SUBDIVISION  IS  FOUND, AT ANY TIME DURING THE PROCEEDINGS OR UPON
 JUDGMENT, TO BE FRIVOLOUS BY THE COURT,  THE  COURT  MAY  AWARD  TO  THE
 EMPLOYER  COSTS  AND  REASONABLE  ATTORNEYS'  FEES.  THE  COSTS AND FEES
 AWARDED MAY BE ASSESSED EITHER  AGAINST  THE  EMPLOYEE  OR  AGAINST  THE
 ATTORNEY  FOR THE EMPLOYEE, OR AGAINST BOTH, AS MAY BE DETERMINED BY THE
 COURT, BASED UPON THE CIRCUMSTANCES OF THE  CASE.    BEFORE  BRINGING  A
 CIVIL  ACTION  PURSUANT  TO  THIS SUBDIVISION, AN EMPLOYEE MUST GIVE THE
 EMPLOYER NOTICE OF THE ALLEGED VIOLATION. AN EMPLOYEE MAY  NOT  BRING  A
 CIVIL  ACTION  UNTIL THIRTY DAYS AFTER GIVING THE EMPLOYER NOTICE OF THE
 ALLEGED VIOLATION, EXCEPT WHERE AN EMPLOYEE ALLEGES  WITH  PARTICULARITY
 THAT  THE EMPLOYER HAS DEMONSTRATED AN UNWILLINGNESS TO CURE A VIOLATION
 IN BAD FAITH, AND MAY NOT BRING A CIVIL ACTION IF THE EMPLOYER  CORRECTS
 THE ALLEGED VIOLATION. AN EMPLOYEE MUST BRING A CIVIL ACTION PURSUANT TO
 THIS  SUBDIVISION WITHIN SIX MONTHS FROM THE DATE THE EMPLOYEE HAD KNOW-
 LEDGE OF THE VIOLATION ALLEGED IN SUCH CIVIL ACTION.
   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
 injure another, the court may in its discretion impose sanctions against
 the  attorney or party who brought such action, defense, counterclaim or
 crossclaim.]  THIS  SUBDIVISION  IS  FOUND,  AT  ANY  TIME  DURING   THE
 PROCEEDINGS  OR  UPON  JUDGMENT, TO BE FRIVOLOUS BY THE COURT, THE COURT
 MAY AWARD TO THE EMPLOYER COSTS  AND  REASONABLE  ATTORNEYS'  FEES.  THE
 COSTS  AND  FEES  AWARDED MAY BE ASSESSED EITHER AGAINST THE EMPLOYEE OR
 AGAINST THE ATTORNEY FOR THE EMPLOYEE, OR AGAINST BOTH, AS MAY BE DETER-
 MINED BY THE COURT, BASED UPON THE CIRCUMSTANCES OF THE CASE.
   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. Section 27-d of the labor law, as added by a chapter of the laws
 of  2021 amending the   labor law relating  to  preventing  occupational
 exposure  to  an  airborne infectious disease as proposed in legislative
 bills numbers S.1034-B and A. 2681-B, is amended to read as follows:
   § 27-d. Workplace safety committees.  1.  For  the  purposes  of  this
 section, the following terms shall have the following meanings:

 S. 6768                             7
 
   (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, BUT NOT MORE THAN ONE
 COMMITTEE  PER  WORKSITE, PROVIDED HOWEVER THAT AN EMPLOYER THAT ALREADY
 HAS A WORKPLACE SAFETY COMMITTEE THAT IS OTHERWISE CONSISTENT  WITH  THE
 REQUIREMENTS  OF  THIS SECTION, SHALL BE EXEMPTED FROM CREATING AN ADDI-
 TIONAL SAFETY COMMITTEE UNDER  THIS  SECTION.    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]  RELATING TO OCCUPATIONAL SAFETY AND HEALTH 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] UNLESS OTHERWISE PROHIBITED BY 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 THAT SHALL LAST NO LONGER THAN TWO HOURS.
   5. Employers shall permit  safety  committee  designees  to  attend  a
 training  OF NO LONGER THAN FOUR HOURS, without suffering a loss of pay,
 on the function of worker safety committees,  rights  established  under
 this section, and an introduction 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-

 S. 6768                             8
 
 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] COMMISSIONER shall adopt and amend rules and regu-
 lations to effectuate the provisions and purposes of this section.
   §  3.  Section  4 of a chapter of the laws of  2021 amending the labor
 law relating to preventing occupational  exposure to an airborne  infec-
 tious  disease  as proposed in legislative bills numbers S.1034-B and A.
 2681-B, is amended to read as follows:
   § 4. This act shall take effect on the [thirtieth] SIXTIETH 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.
   §  4.  This  act shall take effect immediately; provided that sections
 one and two of this act shall take effect on the same date  and  in  the
 same  manner  as  a chapter of the laws of  2021 amending the  labor law
 relating to preventing occupational  exposure to an airborne  infectious
 disease,  as  proposed  in  legislative  bills  numbers  S.1034-B and A.
 2681-B, takes effect.