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.

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S818-2013 Actions

• Jan 9, 2013: REFERRED TO LABOR

S818-2013 Memo

BILL NUMBER:S818

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.

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.

LEGISLATIVE HISTORY:
2011: S.3566/A.304  - Held in Senate Labor Committee
2010: A.9156/S.6202 - Held in Senate Labor Committee

FISCAL IMPLICATIONS:
None.

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

S818-2013 Text

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

                                     818

                         2013-2014 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 9, 2013
                                 ___________

  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.
                                                             LBD04537-01-3

 S. 818                              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.