Enacts the H1N1 in the workplace prevention act requiring employers to post a sign on prevention of the H1N1 flu in the workplace; authorizes the commissioner of health to promulgate rules and regulations related to prevention of the H1N1 flu virus in the workplace.
TITLE OF BILL: An act to amend the labor law and the public health law, in relation to enacting the "H1N1 in the workplace prevention act"
PURPOSE: The purpose of the bill is to educate employees on the most effective ways to prevent the spread of H1N1 in the workplace by placing such information where employees are most likely to see it.
SUMMARY OF PROVISIONS: The labor law is amended to add section 202-1, requiring employers of ten or more employees to post a sign approved by the department of health informing employees of safe workplace practices for the prevention of the H1N1 or other influenza virus in such workplace. Subdivision 1 of section 206 of the public health law is amended to add a new paragraph "t" directing the commissioner of the department of health to promulgate rules and regulations necessary to implement this act.
EXISTING LAW: 2010: A.9156/S.6202 - Held in Senate Labor Committee.
JUSTIFICATION: Most adults who catch the H1N1 flu virus will catch it at work. Different workplace settings, such as hospitals, mass transit, correctional facilities, and schools, require different strategies for protecting employees from the virus. It is essential that employees know and understand the steps they must take to avoid HINT in their particular workplace. This legislation directs the state health department to draft appropriate signage for employers to post. informing employees of the best practices and procedures to follow in order to protect themselves from MINI infection.
FISCAL IMPLICATIONS: None.
LOCAL FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 3566 2011-2012 Regular Sessions IN SENATE February 25, 2011 ___________Introduced by Sen. ADAMS -- 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 public health law, in relation to enacting the "H1N1 in the workplace prevention 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 "H1N1 in the workplace prevention act." S 2. The labor law is amended by adding a new section 202-l to read as follows: S 202-L. POSTING OF H1N1 INFLUENZA RELATED INFORMATION. 1. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: (A) "EMPLOYEE" MEANS A PERSON WHO PERFORMS SERVICES FOR HIRE FOR AN EMPLOYER, FOR AN AVERAGE OF TEN OR MORE HOURS PER WEEK, AND INCLUDES ALL INDIVIDUALS EMPLOYED AT ANY SITE OWNED OR OPERATED BY AN EMPLOYER BUT SHALL NOT INCLUDE AN INDEPENDENT CONTRACTOR. (B) "EMPLOYER" MEANS A PERSON OR ENTITY THAT EMPLOYS TEN OR MORE EMPLOYEES AT AT LEAST ONE SITE AND INCLUDES AN INDIVIDUAL, CORPORATION, PARTNERSHIP, ASSOCIATION, NONPROFIT ORGANIZATION, GROUP OF PERSONS, COUNTY, TOWN, CITY, SCHOOL DISTRICT, PUBLIC AUTHORITY OR OTHER GOVERN- MENTAL SUBDIVISION OF ANY KIND. 2. EVERY EMPLOYER SHALL POST A SIGN APPROVED BY THE DEPARTMENT OF HEALTH IN EVERY WORKPLACE AT THE LOCATION OR LOCATIONS WHERE NOTICES TO EMPLOYEES ARE NORMALLY POSTED, TO INFORM EMPLOYEES OF SAFE WORKPLACE PRACTICES FOR THE PREVENTION OF THE H1N1 OR OTHER INFLUENZA VIRUS IN SUCH WORKPLACE. S 3. Subdivision 1 of section 206 of the public health law is amended by adding a new paragraph (t) to read as follows:EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01360-01-1 S. 3566 2
(T) BY RULE AND REGULATION, ESTABLISH STANDARDS NECESSARY AND APPRO- PRIATE FOR THE IMPLEMENTATION OF SUBDIVISION TWO OF SECTION TWO HUNDRED TWO-L OF THE LABOR LAW. S 4. This act shall take effect immediately.