Senate Bill S9145

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9145
 
                             I N  S E N A T E
 
                             February 6, 2026
                                ___________
 
 Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
   printed  to  be committed to the Committee on Alcoholism and Substance
   Use Disorders
 
 AN ACT to amend the mental hygiene law, in relation to establishing  the
   "recovery ready workplace act"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Short title.  This act shall be known and may be  cited  as
 the "recovery ready workplace act".
   §  2.  The mental hygiene law is amended by adding a new section 32.40
 to read as follows:
 § 32.40 RECOVERY-READY WORKPLACE PROGRAM.
   (A) DEFINITIONS. FOR PURPOSES OF THIS  SECTION,  THE  FOLLOWING  TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   1.  "EMPLOYER"  SHALL INCLUDE ANY PERSON, ENTITY, CORPORATION, LIMITED
 LIABILITY COMPANY, OR ASSOCIATION EMPLOYING ANY INDIVIDUAL IN ANY  OCCU-
 PATION, INDUSTRY, TRADE, BUSINESS OR SERVICE.
   2. "EMPLOYEE" MEANS ANY PERSON EMPLOYED FOR HIRE BY AN EMPLOYER IN ANY
 EMPLOYMENT.
   3.  "LIVED  EXPERIENCE" MEANS HAVING FIRST-HAND EXPERIENCE LIVING WITH
 MENTAL HEALTH AND/OR SUBSTANCE USE DISORDER  AND  THE  ASSOCIATED  CHAL-
 LENGES.
   4.  "OPIOID  USE  DISORDER"  OR  "OUD"  MEANS A PROBLEMATIC PATTERN OF
 OPIOID USE LEADING TO CLINICALLY SIGNIFICANT IMPAIRMENT OR DISTRESS  AND
 IS A SUBSET OF SUD.
   5. "MEMBER ASSISTANCE PROGRAM" MEANS A LABOR UNION ADMINISTERED EDUCA-
 TION  AND ASSISTANCE PROGRAM THAT PROVIDES SUPPORT TO MEMBERS STRUGGLING
 WITH MENTAL HEALTH OR SUBSTANCE USE PROBLEMS.
   6. "PREVENTION" MEANS A WAY OF  PREVENTING  SUBSTANCE  MISUSE  THROUGH
 STRATEGIES  TO REDUCE THE RISK OF INJURY AND STRESS IN THE WORKPLACE AND
 ADDRESS OTHER FACTORS THAT MAY INCREASE THE RISK OF SUBSTANCE MISUSE AND
 THROUGH TRAINING AND EDUCATION TO BUILD A  SUBSTANCE  USE  DISORDER  AND
 RECOVERY LITERACY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00673-04-6
              

 S. 9145                             2
 
   7.  "RECOVERY"  MEANS  A  PROCESS  OF CHANGE THROUGH WHICH INDIVIDUALS
 IMPROVE THEIR HEALTH AND WELLNESS, LIVE A SELF-DIRECTED LIFE, AND STRIVE
 TO REACH THEIR FULL POTENTIAL.
   8. "RECOVERY READY WORKPLACE ADVISOR" MEANS A PERSON WHO IS AN EMPLOY-
 EE  OF  OR  CONTRACTOR  FOR A RECOVERY READY WORKPLACE PROGRAM AND WHOSE
 DUTIES INCLUDE, BUT ARE NOT LIMITED TO, ASSISTING EMPLOYERS THROUGH  THE
 PROCESS OF BECOMING A CERTIFIED RECOVERY READY WORKPLACE.
   9.  "CERTIFIED  PEER  SUPPORT  ADVOCATE" MEANS A PERSON WITH THE LIVED
 EXPERIENCE OF RECOVERY FROM A SUBSTANCE  USE  DISORDER  OR  CO-OCCURRING
 DISORDER  AND  WHO IS CERTIFIED TO PROVIDE NON-CLINICAL, STRENGTHS-BASED
 SUPPORT TO  OTHERS  EXPERIENCING  SIMILAR  CHALLENGES.  "CERTIFIED  PEER
 SUPPORT  ADVOCATES"  SHALL  ALSO  BE  KNOWN AS "PEER SPECIALISTS", "PEER
 RECOVERY COACHES", AND "PEER RECOVERY SUPPORT SPECIALISTS".
   10. "RECOVERY READY WORKPLACE" OR "RRW" MEANS AN  ESTABLISHED  PROGRAM
 TO  PREVENT EXPOSURE TO WORKPLACE FACTORS THAT COULD CAUSE OR PERPETUATE
 A SUD WHILE LOWERING BARRIERS TO SEEKING CARE, RECEIVING CARE, AND MAIN-
 TAINING RECOVERY, AND TO EDUCATE ITS  MANAGEMENT  TEAM  AND  WORKERS  ON
 ISSUES SURROUNDING SUDS TO REDUCE THE STIGMA AROUND SUCH CHALLENGE.
   11. "SUBSTANCE USE DISORDER" OR "SUD" MEANS THE RECURRENT USE OF ALCO-
 HOL  AND/OR DRUGS THAT CAUSES CLINICALLY SIGNIFICANT IMPAIRMENT, INCLUD-
 ING HEALTH PROBLEMS, DISABILITY, AND FAILURE TO MEET MAJOR  RESPONSIBIL-
 ITIES AT WORK, SCHOOL, OR HOME.
   12. "WORKPLACE" MEANS ANY SITE WHERE AN EMPLOYEE PERFORMS ANY WORK-RE-
 LATED  DUTY  OR DUTIES IN THE SCOPE AND COURSE OF THE EMPLOYEE'S EMPLOY-
 MENT, PROVIDED THAT SUCH LOCATIONS SHALL NOT INCLUDE AN EMPLOYEE'S DOMI-
 CILE,  PERMANENT  OR  TEMPORARY,  WHERE   AN   EMPLOYEE   PERFORMS   ANY
 WORK-RELATED DUTY IN THE COURSE OF THEIR EMPLOYMENT.
   (B)  THE  OFFICE,  IN CONSULTATION WITH THE DEPARTMENT OF LABOR, SHALL
 ESTABLISH A RECOVERY READY WORKPLACE  PROGRAM  TO  BE  ADMINISTERED  AND
 OVERSEEN BY THE OFFICE. AT A MINIMUM, THE PROGRAM SHALL:
   1.  DEVELOP  A  PROCESS  THROUGH WHICH EMPLOYERS MAY APPLY TO BECOME A
 RECOVERY READY WORKPLACE PARTICIPANT OR CERTIFIED AS RECOVERY  READY  AS
 SET FORTH IN THIS SECTION;
   2. DEVELOP AN ORIENTATION PROCESS THAT INCLUDES TRAINING MATERIALS FOR
 EMPLOYERS  THAT PROVIDES A BASELINE INTRODUCTION TO SUBSTANCE USE DISOR-
 DER, TREATMENT, AND RECOVERY, INCLUDING INFORMATION ON  THE  SCIENCE  OF
 ADDICTION,  STIGMA, SUBSTANCE USE IN THE WORKFORCE, PREVENTION MEASURES,
 AVAILABLE LOCAL RESOURCES, AND THE WAYS IN WHICH EMPLOYERS CAN AMEND AND
 IMPLEMENT RECOVERY READY POLICIES AND PRACTICES TO HELP THEIR  EMPLOYEES
 WITH SUBSTANCE USE DISORDERS;
   3.  PROVIDE CONSULTATION, GUIDANCE, TECHNICAL ASSISTANCE, TRAINING AND
 EDUCATION, AND OTHER SUPPORT TO EMPLOYERS SEEKING TO BECOME PARTICIPANTS
 OR CERTIFIED RECOVERY READY WORKPLACES, AS WELL AS  TO  CURRENT  PROGRAM
 PARTICIPANTS AND CERTIFIED RECOVERY READY EMPLOYERS;
   4.  CONDUCT OUTREACH TO STAKEHOLDERS, INCLUDING EMPLOYERS THAT ARE NOT
 ENGAGED IN THE PROGRAM, LABOR UNIONS,  AND  RECOVERY  SUPPORT  ORGANIZA-
 TIONS, TO PROVIDE INFORMATION REGARDING THE PROGRAM; AND
   5.  ESTABLISH  A  RECOVERY  READY  WORKPLACE  PROGRAM  WEBPAGE  ON THE
 OFFICE'S WEBSITE THAT PROVIDES INFORMATION ON SUBSTANCE USE IN THE WORK-
 PLACE TO EMPLOYERS, EMPLOYEES, AND THE GENERAL PUBLIC.
   (C) THE OFFICE OF ADDICTION SERVICES AND  SUPPORTS,  SHALL  PROMULGATE
 REGULATIONS  ESTABLISHING  THE  CRITERIA BY WHICH AN EMPLOYER CAN OBTAIN
 CERTIFICATION AS A RRW. SUCH CRITERIA SHALL INCLUDE, BUT NOT BE  LIMITED
 TO, THE FOLLOWING:
   1. A SIGNED LETTER OF INTEREST FROM THE EMPLOYER TO BECOME A RRW;
   2. ISSUANCE OF A WRITTEN DECLARATION TO EMPLOYEES;
 S. 9145                             3
 
   3. COLLABORATION WITH EMPLOYEES AND, IF ANY, THE COLLECTIVE BARGAINING
 AGENT  OR  THE BONA FIDE LABOR ORGANIZATION WHICH HAS ESTABLISHED ITSELF
 AND/OR ITS AFFILIATES AS THE COLLECTIVE  BARGAINING  REPRESENTATIVE  FOR
 PERSONS EMPLOYED BY SUCH EMPLOYER, RECOVERY COMMUNITY ORGANIZATIONS, AND
 GOVERNMENT  OFFICIALS  IN  ESTABLISHING A RRW AND THE DEVELOPMENT OF THE
 PROPOSED RECOVERY READY WORKPLACE PROGRAM IN WRITING;
   4. PROACTIVELY IDENTIFYING AND ADDRESSING THE  PRIMARY  PREVENTION  OF
 WORKPLACE  HAZARDS  AND SOURCES OF STRESS AT WORK ASSOCIATED WITH OPIOID
 AND OTHER  SUBSTANCE  MISUSE,  INCLUDING  PRESCRIPTION  MEDICATIONS  AND
 THROUGH SELF-MEDICATION;
   5. ESTABLISHING AVAILABILITY OF NALOXONE ONSITE AND TRAINING PERSONNEL
 ON  ITS ADMINISTRATION AND OTHER FIRST AID MEASURES THAT REDUCE THE RISK
 OF DEATH AS A RESULT OF AN OVERDOSE;
   6. SUPPORTING AND PROVIDING INFORMATION TO INJURED WORKERS ON  HOW  TO
 AVOID OPIOID AND OTHER SUBSTANCE MISUSE;
   7.  PROVIDING  TRAINING  AND  ORIENTATION  TO SUPERVISORS, MANAGEMENT,
 EMPLOYEES, AND UNION OFFICIALS;
   8. PROVIDING RESOURCES AND INFORMATION TO EMPLOYEES;
   9. CONNECTING WITH A RECOVERY COMMUNITY ORGANIZATION WITHIN SIX MONTHS
 OF CERTIFICATION;
   10. ASSESSING AND ADDRESSING WORKPLACE CULTURE ISSUES BY:
   (A) ENCOURAGING ALL QUALIFIED APPLICANTS, INCLUDING PERSONS IN  RECOV-
 ERY;
   (B)  HAVING  PROGRAMS  AND PRACTICES THAT PROMOTE AND SUPPORT EMPLOYEE
 HEALTH, WELLNESS, AND WORK-LIFE BALANCE, SUCH  AS  BUT  NOT  LIMITED  TO
 MEMBER ASSISTANCE PROGRAMS; AND
   (C)  SUPPORTING  EMPLOYEES WHO SEEK TREATMENT AND WHO REQUIRE RESIDEN-
 TIAL OR OUTPATIENT TREATMENT AND  RELATED  DISABILITY  LEAVE,  INCLUDING
 PLANNING FOR RETURN TO WORK;
   11.  OFFERING  HEALTH BENEFITS THAT PROVIDE COMPREHENSIVE COVERAGE FOR
 SUDS, INCLUDING MEDICATIONS FOR OUD AND SUD, AFTERCARE, AND COUNSELING;
   12. EVALUATING AND IMPROVING,  AS  NEEDED,  ACCESS  TO  TREATMENT  AND
 RECOVERY  RESOURCES  AND ENSURE MENTAL HEALTH AND SUBSTANCE USE BENEFITS
 ARE EQUAL TO THOSE FOR PHYSICAL HEALTH AS REQUIRED BY PARAGRAPH FIVE  OF
 SUBSECTION  ONE  OF  SECTION  THREE  THOUSAND TWO HUNDRED TWENTY-ONE AND
 SUBSECTIONS (G) AND (H) OF SECTION FOUR THOUSAND THREE HUNDRED THREE  OF
 THE INSURANCE LAW, AND THE FEDERAL MENTAL HEALTH PARITY ADDICTION EQUITY
 ACT;
   13.  PROVIDING WORK ACCOMMODATIONS FOR EMPLOYEES IN RECOVERY TO ATTEND
 TREATMENT AND RECOVERY SERVICES AND PROVIDING REASONABLE  WORK  ACCOMMO-
 DATIONS  TO  SUPPORT  WORKERS IN RECOVERY IN COMPLIANCE WITH FEDERAL AND
 STATE LAW; AND
   14. ENSURING EMPLOYER RRW POLICIES INCLUDE CONFIDENTIALITY  PROVISIONS
 TO MAINTAIN CONFIDENTIALITY OF EMPLOYEES ACCESSING SERVICES.
   (D) 1. AN EMPLOYER SHALL DEVELOP THE PLAN TO BECOME CERTIFIED AS A RRW
 IN  COOPERATION  WITH  THE  COLLECTIVE BARGAINING AGENT OR THE BONA FIDE
 LABOR ORGANIZATION WHICH HAS ESTABLISHED ITSELF AND/OR ITS AFFILIATES AS
 THE COLLECTIVE BARGAINING REPRESENTATIVE FOR PERSONS  EMPLOYED  BY  SUCH
 EMPLOYER,  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 TO THE SPECIFIC INDUSTRY AND  WORK
 PLACE OR WORKPLACES OF THE EMPLOYER.
   2.  EMPLOYERS  SHALL  BE  ENCOURAGED  TO  ESTABLISH  MULTI-STAKEHOLDER
 COMMITTEES, SUBCOMMITTEES, OR TASK FORCES TO HELP DEVELOP RRW  PROGRAMS.
 WHERE THERE IS A COLLECTIVE BARGAINING AGENT OR A BONA FIDE LABOR ORGAN-
 IZATION  WHICH  HAS  ESTABLISHED  ITSELF  AND/OR  ITS  AFFILIATES AS THE
 S. 9145                             4
 
 COLLECTIVE  BARGAINING  REPRESENTATIVE  FOR  PERSONS  EMPLOYED  BY  SUCH
 EMPLOYER, SUCH COLLECTIVE BARGAINING REPRESENTATIVE SHALL SELECT EMPLOY-
 EES TO BE MEMBERS OF SUCH COMMITTEE.
   3.  TO THE EXTENT THAT ANY INDIVIDUAL VOLUNTARILY SELF-DISCLOSES LIVED
 EXPERIENCE WITH SUD OR RECOVERY, A RRW COMMITTEE, SUBCOMMITTEE, OR  TASK
 FORCE  SHALL INVITE REPRESENTATIVES WITH LIVED EXPERIENCE TO PARTICIPATE
 IN THE DEVELOPMENT AND THE ANNUAL REVIEW OF THE RRW  PLAN,  WHILE  MAIN-
 TAINING CONFIDENTIALITY.
   4.  THE EMPLOYER SHALL UPDATE ITS DRUG AND ALCOHOL POLICIES IN WRITING
 WITHIN ONE YEAR OF CERTIFICATION.  THE EMPLOYER SHALL MAKE SUCH POLICIES
 AVAILABLE TO ALL EMPLOYEES,  SHALL  REVIEW  SUCH  POLICIES  ANNUALLY  IN
 CONSULTATION  WITH  THE  EMPLOYERS' RRW COMMITTEE, AND SHALL UPDATE SUCH
 POLICIES AS NECESSARY, EXCEPT AS DESCRIBED IN SUBDIVISION  (C)  OF  THIS
 SECTION.
   5.  EMPLOYER  POLICIES  RELATED  TO  ACCESSING  TREATMENT AND RECOVERY
 RESOURCES SHALL BE EVALUATED AND IMPROVED,  AS  NECESSARY,  INCLUDING  A
 REVIEW  OF  MENTAL HEALTH AND SUBSTANCE USE BENEFITS TO ASSESS PARITY TO
 THOSE FOR PHYSICAL HEALTH IN CONFORMANCE WITH FEDERAL, STATE, AND  LOCAL
 LAWS.
   (E)  THE PROVISIONS OF THIS SECTION SHALL NOT BE CONSTRUED TO DIMINISH
 OR ALTER THE RIGHTS OR BENEFITS OF ANY EMPLOYEE PURSUANT  TO  ANY  OTHER
 LAW, REGULATION, OR COLLECTIVE BARGAINING AGREEMENT.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.