Bill Text: NY A08907 | 2023-2024 | General Assembly | Amended
Bill Title: Establishes the warehouse worker injury reduction program; requires employers to establish an injury reduction program designed to identify and minimize the risks of musculoskeletal injuries and disorders among workers involved in performing manual materials handling tasks.
Spectrum: Partisan Bill (Democrat 36-1)
Status: (Introduced) 2024-05-28 - reported referred to ways and means [A08907 Detail]
Download: New_York-2023-A08907-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 8907--A IN ASSEMBLY January 26, 2024 ___________ Introduced by M. of A. BRONSON, LEVENBERG, STECK, SHRESTHA, SEAWRIGHT, SIMON, LUPARDO, O'DONNELL, BRABENEC, OTIS, SHIMSKY, GLICK, TAPIA, ARDILA, HEVESI, BURDICK, BURGOS, GONZALEZ-ROJAS, EACHUS, CRUZ, ROZIC, SANTABARBARA, HUNTER, DAVILA, TAYLOR, KELLES, REYES, RAGA, BRAUNSTEIN, DINOWITZ, COOK, COLTON, L. ROSENTHAL, LUCAS, JACOBSON, RAMOS -- Multi-Sponsored by -- M. of A. DICKENS -- read once and referred to the Committee on Labor -- reported and referred to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the labor law, in relation to establishing the warehouse worker injury reduction program The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act shall be known and may be cited as the "warehouse 2 worker injury reduction program". 3 § 2. Legislative findings. The legislature finds and declares that: 4 (a) Workplace injuries can take a terrible toll on workers, their 5 families and their communities, and can create substantial costs for 6 employers. According to recent data (2022) released by the bureau of 7 labor statistics, the warehouse industry in New York state reports a 8 rate of the most serious work-related injuries involving lost time or 9 restricted duty (7.8 cases/100 full-time workers) that is more than five 10 times the average rates of these types of injuries for all private 11 industry in New York state (1.5 cases/100 full-time workers). In 2022 12 alone, there were 5,472 workers injured in the warehousing industry in 13 New York state. The most common types of work-related serious injury 14 reported by employers in the warehouse sector are musculoskeletal inju- 15 ries, which often require workers to miss work and can force workers 16 permanently out of the job and even out of the workforce. 17 (b) The amount and severity of injuries in New York's warehouses is 18 having a direct impact on public health and safety. Each year, thousands 19 of injured warehouse workers return to their communities with chronic 20 back, neck, shoulder and wrist pain that is often remedied by opiates. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08912-07-4A. 8907--A 2 1 This feeds into the opiate epidemic that is at crisis levels in our 2 state. 3 (c) Many communities in New York are underserved by full-service 4 supermarkets and other essential stores and lack access to transporta- 5 tion to buy these essential supplies. Online retail may be their only 6 source of basic necessities, including medical supplies and food. The 7 high rate of injuries at warehouses could lead to service disruptions, 8 jeopardizing the health and safety of our communities. In fact, accord- 9 ing to an internal Amazon memo leaked to the press in 2021, Amazon has 10 concerns that given the injury rates in the industry, it will deplete 11 the available warehouse labor supply in its U.S. network by 2024. This 12 could impact the entire warehouse and distribution network, impacting 13 the public health of our communities. 14 § 3. Section 780 of the labor law is amended by adding two new subdi- 15 visions 8 and 9 to read as follows: 16 8. "Musculoskeletal injuries and disorders" means work related inju- 17 ries, or disorders, of the muscles, nerves, tendons, ligaments, joints, 18 cartilage of the upper and lower limbs, neck and lower back (including 19 spinal discs) that: (a) are caused by sudden or sustained physical 20 exertion; or (b) are not the result of any instantaneous non-exertion 21 event, such as slips, trips, or falls. 22 9. "Qualified ergonomist" means an ergonomist who is able to demon- 23 strate proficiency in the core, minimum competencies of ergonomics and 24 injury prevention, as defined by the commissioner. Until the commission- 25 er defines such competencies and approves ergonomists in accordance with 26 such competencies, consultants approved by the commissioner under 12 27 NYCRR 59 and 60 with a credential as a certified safety professional or 28 certified industrial hygienist shall be deemed to qualify as an ergonom- 29 ist. 30 § 4. Section 786 of the labor law is amended by adding a new subdivi- 31 sion 3 to read as follows: 32 3. Making a complaint related to section seven hundred eighty-nine of 33 this article. 34 § 5. The labor law is amended by adding a new section 789 to read as 35 follows: 36 § 789. Injury reduction program. 1. Every employer subject to this 37 section shall establish and implement an injury reduction program 38 designed to identify and minimize the risks of musculoskeletal injuries 39 and disorders among workers involved in performing manual materials 40 handling tasks. The program shall include: worksite evaluation; control 41 of exposures, including pace, which have caused or have the potential to 42 cause musculoskeletal injuries and disorders; employee training; on-site 43 medical and first aid practices; and employee involvement. 44 2. The employer shall ensure that each job, process, or operation of 45 work activity covered by this section or a representative number of such 46 jobs, processes, or operations of identical work activities shall have a 47 written work site evaluation by a qualified ergonomist for risk factors 48 which have or are likely to cause musculoskeletal injuries and disor- 49 ders. Such risk factors shall include, but are not limited to, rapid 50 pace, forceful exertions, repetitive motions, twisting, bending, and 51 awkward postures and combinations thereof that had caused or are likely 52 to cause musculoskeletal injuries and disorders. 53 (a) Any worksite evaluations shall also determine whether any employ- 54 ees exposed to such risk factors are subject to either personnel action 55 with the potential for adverse action, or adverse action or terminationA. 8907--A 3 1 themselves, arising in whole or in part from an employer's use of quotas 2 to determine employee assignments. 3 (b) All such worksite evaluations shall obtain recommendations from 4 workers who regularly perform those jobs on the possible risk factors 5 and any workplace changes that can reduce such risk factors. 6 (c) Copies of such worksite risk factor evaluations shall be made 7 available to workers and their representatives upon request, at no cost, 8 within one business day of such request. Workers and their represen- 9 tatives shall be notified in writing of the results of the worksite 10 evaluation. Employers shall maintain accessible copies of such evalu- 11 ations at locations within the warehouse and shall make such copies 12 readily available to workers. 13 (d) An initial worksite evaluation shall be conducted. Worksite eval- 14 uations shall be reviewed and updated at least annually. A new analysis 15 of risk factors shall be conducted in accordance with the provisions of 16 subdivision one of this section whenever a new job, process, or opera- 17 tion is introduced which could increase the risk factors for musculosk- 18 eletal injuries and disorders. Such new analysis shall be conducted 19 within thirty days of the creation or change of a job, process or opera- 20 tion. 21 (e) The commissioner shall form a task force chaired by a recognized 22 academic leader in the field of ergonomics in New York state and includ- 23 ing, but not limited to, representatives from the warehouse workforce, 24 labor organizations active in the warehousing industry, and employers in 25 the industry, to recommend the core competencies required for the 26 certification of qualified ergonomists, as well as standardized worksite 27 evaluations and controls. 28 (f) The commissioner shall adopt a standard and process for certifying 29 qualified ergonomists, as well as standardized worksite evaluations and 30 controls, based on the recommendations of the task force. 31 3. The employer shall correct in a timely manner any risk factors 32 identified as having caused or being likely to cause musculoskeletal 33 injuries and disorders. For any corrections which require more than 34 thirty days to complete, the employer shall revise, as needed, and 35 provide a schedule for such proposed corrections. Such schedule shall be 36 included in the evaluations provided to workers and their represen- 37 tatives. 38 (a) Where the employer demonstrates that it is unable to eliminate 39 identified risk factors, the employer shall minimize the exposures to 40 the extent feasible. 41 (b) In reducing risk factors, the employer shall consider: 42 (i) engineering controls and redesigning work stations to change 43 shelving heights, provide adjustable fixtures or tool redesign; and 44 (ii) administrative controls, such as job rotation which reduces the 45 exposure to risk factors, reduced work pacing or additional work breaks. 46 (c) Employers shall maintain records of steps taken to eliminate or 47 reduce risk factors and shall make copies available to workers and their 48 representatives upon request. 49 4. All employers covered by this section shall provide injury 50 reduction training to all employees involved in performing manual mate- 51 rials handling jobs and tasks at the warehouse during normal work hours 52 and without suffering a loss of pay. Such training shall be provided in 53 a language and vocabulary that the workers understand and shall be 54 repeated annually. The training shall also be provided to the workers' 55 supervisors. Such training shall be in addition to the training required 56 under section twenty-seven-d of this chapter and shall include:A. 8907--A 4 1 (a) The early symptoms of musculoskeletal injuries and disorders and 2 the importance of early detection; 3 (b) Musculoskeletal injury and disorder risk factors and exposures at 4 work, including the hazards posed by excessive rates of work; 5 (c) Methods to reduce risk factors for musculoskeletal injuries and 6 disorders, including both engineering controls and administrative 7 controls, such as limitations on work pace and increased scheduled and 8 unscheduled breaks; 9 (d) The employer's program to identify risk factors as required under 10 this section and prevent musculoskeletal injuries and disorders, includ- 11 ing the summary protocols for medical treatment approved by the employ- 12 er's medical consultant; 13 (e) The rights and function of workplace safety committees established 14 under section twenty-seven-d of this chapter and the rights of employees 15 to report any risk factors, other hazards, injuries or health and safety 16 concerns; and 17 (f) Training on the unlawful retaliation of any provision in this 18 section, including the disciplinary actions required when supervisors or 19 managers violate the law or policy, as well as the employer's policy 20 prohibiting any workplace discrimination. 21 5. Any on-site medical office or first aid station that sees workers 22 in warehouses covered by this section with symptoms of musculoskeletal 23 injuries and disorders shall be staffed with medical professionals oper- 24 ating within their legal scope of practice. Nothing in this section 25 shall infringe on the rights of workers under the opening paragraph of 26 subdivision (a) of section thirteen of the workers' compensation law to 27 either select an authorized physician to treat employees and render 28 medical care or to select the continuance of any medical treatment or 29 care by an authorized physician selected by the employee. All examina- 30 tions and treatments by any medical personnel employed or selected by 31 the employer under section seven hundred eighty-one of this article 32 shall be performed for the purposes of the injury reduction program and 33 shall not interfere with the rights of employees to receive any medical 34 treatment or any other benefits under the workers' compensation law. 35 (a) Employers shall ensure that staffing and the practice of any first 36 aid or medical station meets state requirements for physician super- 37 vision of nurses, emergency medical technicians or other non-physician 38 personnel. 39 (b) In all warehouses with on-site medical or first aid providers for 40 the treatment of musculoskeletal injuries and disorders, the employer 41 shall consult with a medical consultant who is licensed by New York 42 state and board certified in occupational medicine. 43 (i) The employer shall obtain from the medical consultant a written 44 evaluation of the on-site medical or first aid provider program and 45 protocols followed in the warehouse for identification and treatment of 46 musculoskeletal injuries and disorders and shall include recommendations 47 to ensure compliance with accepted medical practice of the staffing, 48 supervision and documentation of medical treatment protocols. 49 (ii) The employer shall obtain from the medical consultant a summary 50 of treatment protocols suitable for worker patients covering all aspects 51 of the on-site medical and first aid practices, from early detection of 52 musculoskeletal injuries and disorders through evaluation by a qualified 53 physician and physician provision of appropriate work restrictions in 54 languages understood by the employees.A. 8907--A 5 1 (iii) The employer shall ensure that the medical consultant reviews 2 the previous medical consultant evaluation, related materials and proto- 3 cols on an annual basis, and recommends changes as appropriate. 4 (iv) The employer shall ensure that all designated medical and first 5 aid providers have observed, in person, the jobs involving manual mate- 6 rials handling within the warehouse and all risk factors identified in 7 the evaluation conducted under the medical consultant evaluation. 8 (c) There shall be no delays in the provision of adequate medical care 9 to workers who report injuries to the on-site medical services. 10 (d) Each employer shall ensure that no supervisory or managerial 11 employee or other person discriminates or retaliates against any 12 current, former, or prospective employee or other person for reporting a 13 work-related injury or illness, or health and safety concern. 14 6. Employers shall ensure that employees and their designated repre- 15 sentatives are consulted both before and during the development and 16 implementation of all aspects of the program. Where employees have 17 established a workplace safety committee in compliance with section 18 twenty-seven-d of this chapter, the employer shall ensure that the 19 committee is consulted regarding the development and implementation of 20 all aspects of the injury reduction program. Any record created by the 21 employer according to this section shall be provided to the workplace 22 safety committee prior to consultation. All documents provided to 23 employees shall be provided in writing in English and in the language 24 identified by each employee as the primary language of such employee. 25 § 6. Severability. If any provision of this act, or any application of 26 any provision of this act, is held to be invalid, that shall not affect 27 the validity or effectiveness of any other provision of this act, or of 28 any other application of any provision of this act, which can be given 29 effect without that provision or application; and to that end, the 30 provisions and applications of this act are severable. 31 § 7. This act shall take effect on June 1, 2025; provided, however 32 that paragraph (d) of subdivision 2 of section 789 of the labor law as 33 added by section five of this act shall take effect on the one hundred 34 eightieth day after it shall have become a law; provided further, howev- 35 er, that paragraph (e) of subdivision 2 of section 789 of the labor law 36 as added by section five of this act shall take effect on the sixtieth 37 day after it shall have become a law; and provided further, however, 38 that paragraph (f) of subdivision 2 and subdivisions 4 and 5 of section 39 789 of the labor law as added by section five of this act shall take 40 effect on the sixtieth day after it shall have become a law.
