Assembly Actions -
Senate Actions - UPPERCASE
|Jan 03, 2024
referred to labor
|Jan 10, 2023
referred to labor
Senate Bill S1227
2023-2024 Legislative Session
Current Bill Status - In Senate Committee Labor Committee
- In Committee Assembly
- On Floor Calendar Assembly
- Passed Assembly
- Delivered to Governor
- Signed By Governor
2023-S1227 (ACTIVE) - Details
2023-S1227 (ACTIVE) - Summary
Requires each place of employment to develop a business safety plan to provide reasonable and adequate protection from a pandemic disease for all employees and people who lawfully frequent such places; provides that employers who develop and follow safety plans are not liable for damages to employees or patrons due to disease during a pandemic.
2023-S1227 (ACTIVE) - Sponsor Memo
BILL NUMBER: S1227 SPONSOR: ORTT TITLE OF BILL: An act to amend the labor law and the workers' compensation law, in relation to liability of businesses for damages associated with a pandemic PURPOSE: This bill protects businesses from liability if one of their employees or customers contracts a pandemic disease like COVID-19, as long as that business has taken reasonable steps to protect employees and customers from the disease. SUMMARY OF PROVISIONS: Section 1 amends the labor law to protect businesses from liability if the business had and complied with a business safety plan that could reasonably protect employees and customers, and the business wasn't grossly negligent.
2023-S1227 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1227 2023-2024 Regular Sessions I N S E N A T E January 10, 2023 ___________ Introduced by Sen. ORTT -- read twice and ordered printed, and when printed to be committed to the Committee on Labor AN ACT to amend the labor law and the workers' compensation law, in relation to liability of businesses for damages associated with a pandemic THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 200 of the labor law is amended by adding a new subdivision 5 to read as follows: 5. IN THE EVENT OF A PANDEMIC, AS DECLARED BY THE WORLD HEALTH ORGAN- IZATION, ALL PLACES TO WHICH THIS CHAPTER APPLIES SHALL, WITHIN FOURTEEN DAYS OF THE FIRST CONFIRMED CASE IN NEW YORK STATE, DEVELOP A BUSINESS SAFETY PLAN TO CONTINUE OPERATIONS, WHICH SHALL CONTAIN A PLAN TO PROVIDE REASONABLE AND ADEQUATE PROTECTION FROM THE PANDEMIC DISEASE FOR ALL PERSONS EMPLOYED THEREIN OR LAWFULLY FREQUENTING SUCH PLACES. IN THE EVENT THAT A PERSON EMPLOYED THEREIN OR WHO LAWFULLY FREQUENTS SUCH A PLACE CONTRACTS THE PANDEMIC DISEASE, THE OWNERS OR EMPLOYERS OF ANY PLACE TO WHICH THIS CHAPTER APPLIES SHALL NOT BE LIABLE FOR DAMAGES ASSOCIATED WITH CONTRACTING THE PANDEMIC DISEASE IF ALL OF THE FOLLOWING CONDITIONS ARE MET: (A) THE PLACE POSSESSED A COMPLETED BUSINESS SAFETY PLAN; (B) THE PLACE COMPLIED WITH ITS BUSINESS SAFETY PLAN; (C) THE BUSINESS SAFETY PLAN REASONABLY PROTECTED PERSONS EMPLOYED THEREIN AND PERSONS WHO FREQUENT THE PLACE; AND (D) THE OWNERS OR EMPLOYERS OF THE WORKPLACE WERE NOT OTHERWISE GROSS- LY NEGLIGENT. § 2. Subdivision 15 of section 2 of the workers' compensation law, as added by chapter 659 of the laws of 1984, is amended to read as follows: 15. "Occupational disease" means a disease resulting from the nature of employment and contracted therein. SUCH TERM SHALL NOT INCLUDE DISEASES CONTRACTED IN A PANDEMIC AS DECLARED BY THE WORLD HEALTH ORGAN- IZATION WHEN THE EMPLOYER ACTED IN ACCORDANCE WITH THE PROVISIONS OF SUBDIVISION FIVE OF SECTION TWO HUNDRED OF THE LABOR LAW. § 3. This act shall take effect immediately.
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