Bill Text: NY A05028 | 2013-2014 | General Assembly | Introduced

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Bill Title: Establishes standards for farm worker protection at any agricultural site where pesticides have been or will be applied; requires mandatory testing for pesticides; requires personal protective equipment to be provided to workers; provides education to workers and their families about the hazards of pesticides; requires additional on-site protective measures; requires the department of health to issue an annual report of all farm inspections on or before March first to the governor and legislature.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced - Dead) 2014-06-17 - held for consideration in ways and means [A05028 Detail]

Download: New_York-2013-A05028-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5028
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 14, 2013
                                      ___________
       Introduced  by M. of A. ENGLEBRIGHT, ORTIZ, GOTTFRIED, SCHIMEL -- Multi-
         Sponsored by -- M. of A. COLTON, COOK, PERRY -- read once and referred
         to the Committee on Health
       AN ACT to amend the public  health  law,  in  relation  to  farm  worker
         protection
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The public health law is amended by adding  a  new  section
    2  1331 to read as follows:
    3    S 1331. FARM WORKER PROTECTION. 1. THE FOLLOWING REQUIREMENTS SHALL BE
    4  MET  AT  ANY  AGRICULTURAL  SITE  TO  WHICH  PESTICIDES  HAVE OR WILL BE
    5  APPLIED. FARM OWNERS OR OPERATORS SHALL:
    6    A. CONDUCT OR CAUSE TO HAVE CONDUCTED MANDATORY TESTING FOR THE  PRES-
    7  ENCE  OF  ORGANOPHOSPHATE  PESTICIDES  FOR  ALL  HANDLERS OF PESTICIDES,
    8  INCLUDING APPLICATORS AND MIXERS OF PESTICIDES. THIS  TESTING  SHALL  BE
    9  CONDUCTED WITHIN ONE WEEK OF THE ARRIVAL OF SUCH WORKERS AT THE AGRICUL-
   10  TURAL SITE AND WITHIN ONE WEEK OF THE DEPARTURE OF SUCH WORKERS FROM THE
   11  SITE;
   12    B.  PROVIDE PERSONAL PROTECTION EQUIPMENT WHICH HAS BEEN FIT-TESTED TO
   13  ALL INDIVIDUALS WHO ARE REQUIRED OR MAY BE REQUIRED TO WEAR SUCH  EQUIP-
   14  MENT  IN THE COURSE OF THEIR WORK, AND WHICH IS READILY AVAILABLE TO ANY
   15  WORKER NEEDING TO WEAR OR USE SUCH EQUIPMENT;
   16    C. PROVIDE EDUCATION AND INFORMATION TO FARM WORKERS AND  THEIR  FAMI-
   17  LIES  ABOUT  THE  HAZARDS  OF  EXPOSURE TO PESTICIDES, HOW TO AVOID SUCH
   18  EXPOSURES TO CHILDREN, PERSONAL CLOTHING AND POSSESSIONS, AND WHAT TO DO
   19  IF PESTICIDE EXPOSURE OR CONTAMINATION OCCURS;
   20    D. REPORT TO THE DEPARTMENT EVERY INCIDENT OF  PESTICIDE  EXPOSURE  TO
   21  FARMWORKERS  OR  THEIR FAMILIES, WHETHER BY DIRECT EXPOSURE TO PESTICIDE
   22  APPLICATIONS OR FROM DRIFT OF PESTICIDES FROM THE APPLICATION SITE. SUCH
   23  REPORTING SHALL OCCUR WITHIN TWENTY-FOUR HOURS OF SUCH  PESTICIDE  EXPO-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08836-01-3
       A. 5028                             2
    1  SURE AND SHALL INCLUDE THE DAY AND TIME OF DAY THE EXPOSURE OCCURRED AND
    2  THE PESTICIDES TO WHICH THE INDIVIDUALS WERE EXPOSED;
    3    E.   PROVIDE   ON-SITE   WASHING   MACHINES   FOR   WORKERS  TO  CLEAN
    4  PESTICIDE-CONTAMINATED CLOTHING, WHICH ARE SEPARATE FROM CLOTHES WASHING
    5  FACILITIES USED BY FAMILIES. THE FARM OWNER OR OPERATOR SHALL BE RESPON-
    6  SIBLE TO PROVIDE INSTRUCTION IN THE PROPER CARE OF CLOTHING CONTAMINATED
    7  WITH OR EXPOSED TO PESTICIDES;
    8    F. PROVIDE ONE SHOWER FACILITY FOR EVERY FIVE WORKERS,  WITH  SEPARATE
    9  FACILITIES FOR MALES AND FEMALES, FOR THE REMOVAL OF PESTICIDES RESIDUES
   10  AND OTHER CONTAMINANTS;
   11    G. PROVIDE ONE OR MORE PUBLIC TELEPHONES FOR WORKERS TO REPORT MEDICAL
   12  EMERGENCIES, INCLUDING PESTICIDE EXPOSURES OR CONTAMINATION; AND
   13    H.  ENSURE  THAT  ALL NEW HOUSING FOR FARM WORKERS IS LOCATED AT LEAST
   14  FIFTY FEET FROM ANY FIELD OR SITE, EXCEPT FOR ENCLOSED  FACILITIES  SUCH
   15  AS  GREENHOUSES,  WHICH MAY BE TREATED WITH PESTICIDES. EXISTING HOUSING
   16  WHICH DOES NOT COMPLY WITH THIS PARAGRAPH SHALL BE REPLACED WITHIN  FIVE
   17  YEARS OR CEASE TO BE USED AFTER THAT TIME.
   18    2. THE DEPARTMENT SHALL ISSUE AN ANNUAL REPORT OF ALL FARM INSPECTIONS
   19  ON  OR  BEFORE  MARCH  FIRST TO THE GOVERNOR AND THE LEGISLATURE FOR THE
   20  PREVIOUS CALENDAR  YEAR,  INCLUDING  COMPLIANCE  WITH  THE  REQUIREMENTS
   21  CONTAINED  IN THIS SECTION; ENFORCEMENT ACTIONS, FINES AND PENALTIES FOR
   22  NON-COMPLIANCE RESULTING FROM SUCH INSPECTIONS; AND  PESTICIDE  EXPOSURE
   23  OR CONTAMINATION REPORTS SUBMITTED TO THE DEPARTMENT.
   24    S 2. This act shall take effect on the first of November next succeed-
   25  ing the date on which it shall have become a law.