S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6139
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 23, 2017
                                ___________
 
 Introduced  by  M. of A. ENGLEBRIGHT, COLTON -- Multi-Sponsored by -- M.
   of A. CAHILL, COOK, DINOWITZ, HOOPER, ORTIZ,  PERRY,  RIVERA  --  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-v to read as follows:
   §  2803-V. 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-
 ING, BUT NOT LIMITED TO, HAZARDOUS SUBSTANCES USED, STORED OR PRESENT IN
 THE  HOSPITAL;  CONSTRUCTION AND REHABILITATION ACTIVITIES; AIR OR WATER
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03079-01-7

 A. 6139                             2
 
 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:".
   § 2.  This act shall take effect on the ninetieth day after  it  shall
 have become a law.