S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   820

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             January 7, 2015
                               ___________

Introduced  by M. of A. ENGLEBRIGHT, ORTIZ, GOTTFRIED, SCHIMEL -- Multi-
  Sponsored by -- M. of A. COLTON, COOK, PERRY -- read once and referred
  to the Committee on Health

AN ACT to amend the public  health  law,  in  relation  to  farm  worker
  protection

  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
1331 to read as follows:
  S 1331. FARM WORKER PROTECTION. 1. THE FOLLOWING REQUIREMENTS SHALL BE
MET  AT  ANY  AGRICULTURAL  SITE  TO  WHICH  PESTICIDES  HAVE OR WILL BE
APPLIED. FARM OWNERS OR OPERATORS SHALL:
  A. CONDUCT OR CAUSE TO HAVE CONDUCTED MANDATORY TESTING FOR THE  PRES-
ENCE  OF  ORGANOPHOSPHATE  PESTICIDES  FOR  ALL  HANDLERS OF PESTICIDES,
INCLUDING APPLICATORS AND MIXERS OF PESTICIDES. THIS  TESTING  SHALL  BE
CONDUCTED WITHIN ONE WEEK OF THE ARRIVAL OF SUCH WORKERS AT THE AGRICUL-
TURAL SITE AND WITHIN ONE WEEK OF THE DEPARTURE OF SUCH WORKERS FROM THE
SITE;
  B.  PROVIDE PERSONAL PROTECTION EQUIPMENT WHICH HAS BEEN FIT-TESTED TO
ALL INDIVIDUALS WHO ARE REQUIRED OR MAY BE REQUIRED TO WEAR SUCH  EQUIP-
MENT  IN THE COURSE OF THEIR WORK, AND WHICH IS READILY AVAILABLE TO ANY
WORKER NEEDING TO WEAR OR USE SUCH EQUIPMENT;
  C. PROVIDE EDUCATION AND INFORMATION TO FARM WORKERS AND  THEIR  FAMI-
LIES  ABOUT  THE  HAZARDS  OF  EXPOSURE TO PESTICIDES, HOW TO AVOID SUCH
EXPOSURES TO CHILDREN, PERSONAL CLOTHING AND POSSESSIONS, AND WHAT TO DO
IF PESTICIDE EXPOSURE OR CONTAMINATION OCCURS;
  D. REPORT TO THE DEPARTMENT EVERY INCIDENT OF  PESTICIDE  EXPOSURE  TO
FARMWORKERS  OR  THEIR FAMILIES, WHETHER BY DIRECT EXPOSURE TO PESTICIDE
APPLICATIONS OR FROM DRIFT OF PESTICIDES FROM THE APPLICATION SITE. SUCH
REPORTING SHALL OCCUR WITHIN TWENTY-FOUR HOURS OF SUCH  PESTICIDE  EXPO-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06092-01-5

              

A. 820                              2

SURE AND SHALL INCLUDE THE DAY AND TIME OF DAY THE EXPOSURE OCCURRED AND
THE PESTICIDES TO WHICH THE INDIVIDUALS WERE EXPOSED;
  E.   PROVIDE   ON-SITE   WASHING   MACHINES   FOR   WORKERS  TO  CLEAN
PESTICIDE-CONTAMINATED CLOTHING, WHICH ARE SEPARATE FROM CLOTHES WASHING
FACILITIES USED BY FAMILIES. THE FARM OWNER OR OPERATOR SHALL BE RESPON-
SIBLE TO PROVIDE INSTRUCTION IN THE PROPER CARE OF CLOTHING CONTAMINATED
WITH OR EXPOSED TO PESTICIDES;
  F. PROVIDE ONE SHOWER FACILITY FOR EVERY FIVE WORKERS,  WITH  SEPARATE
FACILITIES FOR MALES AND FEMALES, FOR THE REMOVAL OF PESTICIDES RESIDUES
AND OTHER CONTAMINANTS;
  G. PROVIDE ONE OR MORE PUBLIC TELEPHONES FOR WORKERS TO REPORT MEDICAL
EMERGENCIES, INCLUDING PESTICIDE EXPOSURES OR CONTAMINATION; AND
  H.  ENSURE  THAT  ALL NEW HOUSING FOR FARM WORKERS IS LOCATED AT LEAST
FIFTY FEET FROM ANY FIELD OR SITE, EXCEPT FOR ENCLOSED  FACILITIES  SUCH
AS  GREENHOUSES,  WHICH MAY BE TREATED WITH PESTICIDES. EXISTING HOUSING
WHICH DOES NOT COMPLY WITH THIS PARAGRAPH SHALL BE REPLACED WITHIN  FIVE
YEARS OR CEASE TO BE USED AFTER THAT TIME.
  2. THE DEPARTMENT SHALL ISSUE AN ANNUAL REPORT OF ALL FARM INSPECTIONS
ON  OR  BEFORE  MARCH  FIRST TO THE GOVERNOR AND THE LEGISLATURE FOR THE
PREVIOUS CALENDAR  YEAR,  INCLUDING  COMPLIANCE  WITH  THE  REQUIREMENTS
CONTAINED  IN THIS SECTION; ENFORCEMENT ACTIONS, FINES AND PENALTIES FOR
NON-COMPLIANCE RESULTING FROM SUCH INSPECTIONS; AND  PESTICIDE  EXPOSURE
OR CONTAMINATION REPORTS SUBMITTED TO THE DEPARTMENT.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.