Signed by Governor Andrew Cuomo

Vote Smart's Synopsis:

Vote to pass a bill that requires the New York labor commissioner to establish an infectious disease exposure prevention standard.

Highlights:

• Defines "airborne infectious disease" as any infectious viral, bacterial, or fungal disease that is transmissible through the air in the form of aerosol particles or droplets and is designated a highly contagious communicable disease by the commissioner of health that presents a serious risk of harm to the public health (Sec. 1.e).

• Requires every employer to provide the airborne infectious disease exposure 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 reopening after a period of closure due to airborne infectious diseases and upon hiring. Businesses permitted to operate as of the effective date of this section will provide such a plan to all employees upon the effective date of this act and upon hiring (Sec. 1-5).

• Requires the airborne infectious disease exposure prevention plan to be posted in a visible and prominent location within the worksite. An employer that provides an employee handbook to its employees will include the airborne infectious disease exposure prevention plan in its handbook (Sec. 1-6).

• Requires each employer to make the airborne infectious disease exposure prevention plan available, upon request, to all employees and independent contractors, employee representatives, collective bargaining representatives, and the commissioner and the commissioner of public health (Sec. 1-7).

• Prohibits an 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, from discriminating, threatening, retaliating against, or taking adverse action against an employee for (Sec. 1-8):

• Exercising their rights under this section or the applicable airborne infectious disease exposure prevention plan;

• 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;

• Reporting an airborne infectious disease exposure concern to, or seeking assistance or intervention for airborne infectious disease exposure concerns, to their employer, state, local, or federal government entity, public officer or elected official; or

• 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.

• Requires employers to permit employees to establish and administer a joint labor-management workplace safety committee. Each workplace safety committee to be composed of employee and employer designees, provided at least 2/3rds are non-supervisory employees (Sec. § 2-2).

• Requires employers to permit safety committee designees to attend a training, 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 (Sec. § 2-5).

• Specifies nothing in this law will 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 will explicitly reference this section (Sec. § 2-7).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that requires the New York labor commissioner to establish an infectious disease exposure prevention standard.

Highlights:

• Defines "airborne infectious disease" as any infectious viral, bacterial, or fungal disease that is transmissible through the air in the form of aerosol particles or droplets and is designated a highly contagious communicable disease by the commissioner of health that presents a serious risk of harm to the public health (Sec. 1.e).

• Requires every employer to provide the airborne infectious disease exposure 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 reopening after a period of closure due to airborne infectious diseases and upon hiring. Businesses permitted to operate as of the effective date of this section will provide such a plan to all employees upon the effective date of this act and upon hiring (Sec. 1-5).

• Requires the airborne infectious disease exposure prevention plan to be posted in a visible and prominent location within the worksite. An employer that provides an employee handbook to its employees will include the airborne infectious disease exposure prevention plan in its handbook (Sec. 1-6).

• Requires each employer to make the airborne infectious disease exposure prevention plan available, upon request, to all employees and independent contractors, employee representatives, collective bargaining representatives, and the commissioner and the commissioner of public health (Sec. 1-7).

• Prohibits an 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, from discriminating, threatening, retaliating against, or taking adverse action against an employee for (Sec. 1-8):

• Exercising their rights under this section or the applicable airborne infectious disease exposure prevention plan;

• 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;

• Reporting an airborne infectious disease exposure concern to, or seeking assistance or intervention for airborne infectious disease exposure concerns, to their employer, state, local, or federal government entity, public officer or elected official; or

• 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.

• Requires employers to permit employees to establish and administer a joint labor-management workplace safety committee. Each workplace safety committee to be composed of employee and employer designees, provided at least 2/3rds are non-supervisory employees (Sec. § 2-2).

• Requires employers to permit safety committee designees to attend a training, 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 (Sec. § 2-5).

• Specifies nothing in this law will 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 will explicitly reference this section (Sec. § 2-7).

Full Bill Text