S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1051
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2023
                                ___________
 
 Introduced by M. of A. JACOBSON -- read once and referred to the Commit-
   tee on Labor
 
 AN  ACT to amend the public health law, in relation to requiring employ-
   ees and independent contractors to notify  employers  and  contractors
   upon  receiving a positive result of a test for COVID-19 and providing
   penalties for violations

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  public health law is amended by adding a new section
 2184 to read as follows:
   § 2184. EMPLOYER NOTIFICATION UPON RECEIPT OF POSITIVE TEST. 1.  EVERY
 EMPLOYEE OF A PUBLIC OR PRIVATE EMPLOYER IN THIS STATE  WHO  RECEIVES  A
 POSITIVE  RESULT  FOR A COVID-19 TEST SHALL NOTIFY THE OWNER, SUPERVISOR
 OR MANAGER OF HIS OR HER EMPLOYER OF SUCH POSITIVE  TEST  RESULT  WITHIN
 THREE HOURS OF RECEIVING THE TEST RESULT; PROVIDED, HOWEVER, THAT IF THE
 EMPLOYER'S PLACE OF BUSINESS IS CLOSED, SUCH NOTIFICATION SHALL BE GIVEN
 BY THE EMPLOYEE TO THE EMPLOYER NO LATER THAN 10:00 A.M. ON THE NEXT DAY
 THAT  THE  EMPLOYER'S PLACE OF BUSINESS IS OPEN OR THREE HOURS AFTER THE
 EMPLOYER'S BUSINESS OPENS IF THE BUSINESS OPENS AFTER 10:00 A.M.
   2. EVERY INDEPENDENT CONTRACTOR WHO RECEIVES A POSITIVE RESULT  FOR  A
 COVID-19  TEST  SHALL  NOTIFY  THE  OWNER,  SUPERVISOR OR MANAGER OF THE
 CONTRACTOR FOR WHOM THE INDEPENDENT CONTRACTOR PROVIDES SERVICES OF SUCH
 POSITIVE TEST RESULT WITHIN THREE HOURS OF RECEIVING  THE  TEST  RESULT;
 PROVIDED, HOWEVER, THAT IF THE CONTRACTOR'S PLACE OF BUSINESS IS CLOSED,
 SUCH  NOTIFICATION  SHALL  BE GIVEN BY THE INDEPENDENT CONTRACTOR TO THE
 CONTRACTOR NO LATER THAN 10:00 A.M. ON THE NEXT DAY  THAT  THE  CONTRAC-
 TOR'S  PLACE  OF  BUSINESS IS OPEN OR THREE HOURS AFTER THE CONTRACTOR'S
 BUSINESS OPENS IF THE BUSINESS OPENS AFTER 10:00 A.M.
   3. SUBJECT TO THE PROVISIONS OF SUBDIVISION FOUR OF  THIS  SECTION,  A
 PERSON  WHO FAILS TO GIVE NOTIFICATION AS REQUIRED BY THIS SECTION SHALL
 BE GUILTY OF A MISDEMEANOR AND/OR SHALL BE SUBJECT TO A  CIVIL  FINE  OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03692-01-3
              

 A. 1051                             2
 
 ONE  THOUSAND  DOLLARS FOR EACH DAY OR PART THEREOF THAT NOTIFICATION IS
 NOT GIVEN. ALL FINES COLLECTED PURSUANT TO  THIS  SUBDIVISION  SHALL  BE
 COLLECTED  BY  THE DEPARTMENT AND SHALL BE DEPOSITED BY THE COMMISSIONER
 AND  CREDITED TO THE DISEASE MANAGEMENT ACCOUNT ESTABLISHED BY THE COMP-
 TROLLER IN THE SPECIAL REVENUE-OTHER FUND.
   4. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO  ANY  PERSON  WHO
 RECEIVES  A  POSITIVE RESULT FOR A COVID-19 TEST BUT WHO IS INCAPABLE OF
 PROVIDING THE NOTIFICATION REQUIRED BY THIS SECTION.
   § 2. This act shall take effect on the thirtieth 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 date.