Assembly Bill A346

2023-2024 Legislative Session

Relates to regulating employers to keep their employees safe from exposure to extreme heat

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee


  • 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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2023-A346 (ACTIVE) - Details

Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Add §218-c, Lab L
Versions Introduced in 2021-2022 Legislative Session:
A5361

2023-A346 (ACTIVE) - Summary

Requires employers to keep their employees safe from exposure to extreme heat by implementing heat-related illness prevention plans.

2023-A346 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    346
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 6, 2023
                                ___________
 
 Introduced  by  M. of A. CRUZ -- read once and referred to the Committee
   on Labor
 
 AN ACT to amend the labor law, in relation to the prevention of  employ-
   ees being exposed to excessive heat
 
   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-c  to
 read as follows:
   § 218-C. PREVENTION OF OCCUPATIONAL EXPOSURE TO EXCESSIVE HEAT. 1. FOR
 PURPOSES  OF  THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
 MEANINGS:
   (A) "COVERED EMPLOYEE" SHALL MEAN AN INDIVIDUAL EMPLOYED BY A  COVERED
 EMPLOYER.
   (B) "COVERED EMPLOYER" SHALL MEAN AN EMPLOYER THAT EMPLOYS AN INDIVID-
 UAL  TO  WORK  AT  A  COVERED  WORKPLACE  AND SHALL INCLUDE CONTRACTORS,
 SUBCONTRACTORS, TEMPORARY SERVICE FIRMS AND EMPLOYEE LEASING ENTITIES.
   (C) "COVERED WORKPLACE" SHALL MEAN A WORKPLACE  WHERE  WORK  PRIMARILY
 INVOLVES THE DELIVERY OF GOODS AND SERVICES TO CONSUMERS OR BUSINESSES.
   (D)  "EMPLOYER"  SHALL HAVE THE SAME MEANING AS DEFINED IN SECTION ONE
 HUNDRED NINETY OF THIS CHAPTER.
   (E) "EXCESSIVE HEAT" SHALL MEAN OUTDOOR AND INDOOR EXPOSURE TO HEAT AT
 LEVELS THAT EXCEED THE CAPACITIES OF THE HUMAN BODY TO  MAINTAIN  NORMAL
 BODY  FUNCTIONS  AND MAY CAUSE HEAT-RELATED INJURY, ILLNESS OR FATALITY,
 INCLUDING, BUT NOT  LIMITED  TO,  HEAT  STROKE,  HEAT  EXHAUSTION,  HEAT
 SYNCOPE, HEAT CRAMPS AND HEAT RASHES.
   2.  THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF HEALTH,
 SHALL CREATE REGULATIONS WHICH SHALL:
   (A) ESTABLISH  HIGH  HEAT  TEMPERATURE  MAXIMUM  EXPOSURE  LEVELS  FOR
 COVERED  EMPLOYEES  WHICH,  IF EXCEEDED, SHALL TRIGGER ACTION TO PROTECT
 COVERED EMPLOYEES FROM HEAT-RELATED ILLNESS; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02314-01-3
 A. 346                              2
              

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