{"id":"AGY-ST-LABOR-WORKPLACE-011","kind":"order","level":"state","jurisdiction":"New York; Legislature (Labor Law § 218-b administered by the Department of Labor and activated by the Commissioner of Health)","state":"NY","metro":"","industry":"","agency":"ST-LABOR-WORKPLACE","eco":"","issuer":"New York State Legislature; signed by Governor Cuomo June 11, 2021","authority":"L. 2021, ch. 105 as amended","instrument":"S.6768/A.7477 (2021), chapter amendment to the New York Health and Essential Rights Act (Labor Law § 218-b)","title":"An act to amend the labor law, in relation to the prevention of occupational exposure to an airborne infectious disease (chapter amendments: model standard by industry; plan adoption within 30 days of the Commissioner\u0027s publication; activation upon a designation by the Commissioner of Health; workplace safety committees)","dateIssued":"2021-06-11","effective":"2021-06-11 (chapter amendment to Labor Law § 218-b, which took effect June 4, 2021)","end":"Permanent; the COVID-19 designation that activated the plans ran Sept. 6, 2021 to Mar. 17, 2022 (see NY-127, NY-128)","startDate":"2021-06-11","endDate":"2021-09-06","quarters":["2021Q2","2021Q3"],"types":["EMP","MASK","QUAR"],"addressees":["every private employer in New York State"],"clause":"5. Every employer shall provide the airborne infectious disease exposure prevention plan to his or her employees, in writing in English and in the language identified by each employee as the primary language of such employees within thirty days after adoption of the plan, within fifteen days after reopening after a period of closure due to airborne infectious disease...","enforcement":"Labor Law § 218-b(6)-(7): civil penalties of at least $50 per day for failure to adopt a plan and $1,000 to $10,000 for failure to abide by an adopted plan (increased for repeat violations); Commissioner of Labor enforcement; private right of action","functions":["EMP written exposure prevention plan for every worksite in every industry (health screening, face coverings, distancing, hygiene, cleaning, PPE, controls)","HR plan distribution, posting, handbook inclusion, training","WF (exclusion of ill employees)","OP administration"],"notes":"Every private employer in the State had to adopt a plan by Aug. 5, 2021 (Ex. NY-129, NY-130) and to activate it Sept. 6, 2021 (Ex. NY-127); a Q3 2021 instrument in force on Sept. 30, 2021.","sourceUrl":"https://legislation.nysenate.gov/pdf/bills/2021/S6768","snapshot":"","fileExists":true,"fileBytes":24042,"grade":"primary","character":"","description":"","collection":"AGY-ST-LABOR-WORKPLACE","url":"/library/AGY-ST-LABOR-WORKPLACE-011","exhibitUrl":"/exhibit/AGY-ST-LABOR-WORKPLACE-011","citation":"New York State Legislature; signed by Governor Cuomo June 11, 2021, S.6768/A.7477 (2021), chapter amendment to the New York Health and Essential Rights Act (Labor Law § 218-b) (June 11, 2021) (Ex. AGY-ST-LABOR-WORKPLACE-011)","stateName":"New York","related":["NY-127","NY-128","SEC-11-031","NY-129","NY-130"]}