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

                                   920

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M. of A. ENGLEBRIGHT, COLTON -- Multi-Sponsored by -- M.
  of A. BRENNAN, CAHILL, CLARK, COOK, DINOWITZ, HOOPER, JACOBS, MILLMAN,
  ORTIZ, PERRY, RIVERA, WEISENBERG -- read  once  and  referred  to  the
  Committee on Health

AN  ACT  to  amend  the  public  health law, in relation to employee and
  patient notification of environmental health  and  safety  hazards  in
  hospitals

  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
2803-t to read as follows:
  S  2803-T. NOTIFICATION OF ENVIRONMENTAL HEALTH AND SAFETY HAZARDS. TO
ENSURE THAT EACH PATIENT AND HOSPITAL EMPLOYEE HAS ACCESS TO INFORMATION
ABOUT ENVIRONMENTAL HEALTH ISSUES  AND  HAZARDS  IN  THE  HOSPITAL,  THE
FOLLOWING ACTIONS SHALL BE TAKEN BY EACH HOSPITAL:
  1.  EACH  HOSPITAL  SHALL  APPOINT  AN ENVIRONMENTAL HEALTH AND SAFETY
INFORMATION ACCESS CONTACT PERSON;
  2. ANNUALLY, EACH HOSPITAL  SHALL  INFORM  AND  EDUCATE  ALL  HOSPITAL
EMPLOYEES  THAT  THEY  HAVE  A RIGHT TO ALL INFORMATION ABOUT HEALTH AND
SAFETY CONDITIONS IN THE HOSPITAL INCLUDING, BUT NOT LIMITED TO, HAZARD-
OUS SUBSTANCES USED, STORED OR PRESENT IN THE HOSPITAL; CONSTRUCTION AND
REHABILITATION ACTIVITIES; AIR OR WATER  QUALITY  SAMPLING  RESULTS  AND
PROBLEMS; PROCEDURES FOR INFORMATION ACCESS; IDENTIFICATION OF THE ENVI-
RONMENTAL  HEALTH AND SAFETY INFORMATION ACCESS CONTACT PERSON; REQUIRE-
MENTS FOR TIMELY RESPONSE TO INFORMATION REQUESTS; AND SUCH OTHER PROCE-
DURES WHICH ENSURE ACCESS TO SUCH INFORMATION;
  3. EACH HOSPITAL SHALL INFORM AND EDUCATE EVERY PATIENT, AS SOON AFTER
THE PATIENT'S ADMISSION TO THE HOSPITAL AS IS REASONABLY POSSIBLE  WITH-
OUT  JEOPARDIZING  THE  PATIENT'S  HEALTH, THAT THEY HAVE A RIGHT TO ALL
INFORMATION ABOUT HEALTH AND SAFETY CONDITIONS IN THE  HOSPITAL  INCLUD-

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

                                                           LBD05724-01-3

A. 920                              2

ING, BUT NOT LIMITED TO, HAZARDOUS SUBSTANCES USED, STORED OR PRESENT IN
THE  HOSPITAL;  CONSTRUCTION AND REHABILITATION ACTIVITIES; AIR OR WATER
QUALITY  SAMPLING  RESULTS  AND  PROBLEMS;  PROCEDURES  FOR  INFORMATION
ACCESS;  IDENTIFICATION  OF THE ENVIRONMENTAL HEALTH AND SAFETY INFORMA-
TION ACCESS CONTACT PERSON; REQUIREMENTS FOR TIMELY RESPONSE TO INFORMA-
TION REQUESTS; AND SUCH OTHER PROCEDURES WHICH  ENSURE  ACCESS  TO  SUCH
INFORMATION;
  4. EACH HOSPITAL SHALL:
  (A)  ANNUALLY INVENTORY ALL HAZARDOUS SUBSTANCES USED, STORED OR PRES-
ENT, AND MAKE SUCH INVENTORY AVAILABLE TO THE PUBLIC,
  (B) DEVELOP WRITTEN PLANS TO MINIMIZE THE USE AND PRESENCE OF  HAZARD-
OUS  SUBSTANCES,  INCLUDING A TIMETABLE FOR THE COMPLETION OF THE COMPO-
NENTS OF SUCH PLANS, AND
  (C) PREPARE WRITTEN REPORTS ON THE RESULTS OF ALL SAMPLING, EVALUATION
AND REMEDIATION ACTIVITIES, AND  MAKE  SUCH  REPORTS  AVAILABLE  TO  THE
PUBLIC; AND
  5.  NOT  LESS  THAN TWO DAYS PRIOR TO ANY MAJOR FACILITY CONSTRUCTION,
DEMOLITION, MAINTENANCE OR RENOVATION, OR ANY OTHER  ACTIVITY  WITH  THE
POTENTIAL  TO  RESULT  IN EXPOSURE, TO INDOOR OR OUTDOOR HAZARD THAT MAY
HAVE A SIGNIFICANT EFFECT ON THE HEALTH OF THE OCCUPANTS OF A  HOSPITAL,
SUCH  HOSPITAL  SHALL  PROMINENTLY  POST THE FOLLOWING WARNING NOTICE AT
EACH ENTRY POINT TO THE HOSPITAL:
  "NOTICE OF HOSPITAL ACTIVITIES INVOLVING HAZARDOUS SUBSTANCES
  THE PURPOSE OF THIS NOTICE IS TO ENSURE THAT  EMPLOYEES  AND  PATIENTS
ARE  NOTIFIED  THAT  THE  FOLLOWING ACTIVITIES WILL BE OCCURRING IN THIS
HOSPITAL
  HOSPITAL NAME:
  HOSPITAL ADDRESS:
  PROPOSED ACTIVITY:
  LOCATION OF PROPOSED ACTIVITY:
  HAZARDOUS SUBSTANCES UTILIZED:
  MATERIAL DATA SAFETY SHEETS ARE  AVAILABLE  FROM  THE  CONTACT  PERSON
LISTED BELOW:
  DATE/TIME AND DURATION OF PROPOSED ACTIVITY:
  CONTACT PERSON/LOCATION FOR FURTHER INFORMATION:".
  S  2.   This act shall take effect on the ninetieth day after it shall
have become a law.