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Ex. AGY-ST-LABOR-WORKPLACE-011 Order Primary source read

S.6768/A.7477 (2021), chapter amendment to the New York Health and Essential Rights Act (Labor Law § 218-b)

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's publication; activation upon a designation by the Commissioner of Health; workplace safety committees)

New York State Legislature; signed by Governor Cuomo June 11, 2021 · New York; Legislature (Labor Law § 218-b administered by the Department of Labor and activated by the Commissioner of Health) (State)

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The record

Jurisdiction
New York; Legislature (Labor Law § 218-b administered by the Department of Labor and activated by the Commissioner of Health) · New York
Level
State
Authority
L. 2021, ch. 105 as amended
Issued
2021-06-11 June 11, 2021
Effective
2021-06-11 (chapter amendment to Labor Law § 218-b, which took effect June 4, 2021) (read as 2021-06-11)
End
Permanent; the COVID-19 designation that activated the plans ran Sept. 6, 2021 to Mar. 17, 2022 (see NY-127, NY-128) (read as 2021-09-06)
In force
June 11, 2021 to Sept. 6, 2021
Quarters
2021 Q22021 Q3
Limitation types
Face-covering requirementWorkplace rulesQuarantine and isolation
Addressees
  • every private employer in New York State
Functions reached
  • 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
Collection
State labor and workplace-safety agencies AGY-ST-LABOR-WORKPLACE

Operative words

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

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.

Retrieval note

Bill text as passed; the session-law chapter number of the amendment was not verified from this document.

A record of The COVID Project. The instrument's text is the source's; the summary fields are The COVID Project's reading of it. Not legal advice.