Bill Text: NY S06202 | 2009-2010 | General Assembly | Introduced

---

Bill Title: Enacts the H1N1 in the workplace prevention act requiring employers to post a sign on prevention of the H1N1 flu in the workplace; authorizes the commissioner of health to promulgate rules and regulations related to prevention of the H1N1 flu virus in the workplace.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO LABOR [S06202 Detail]

Download: New_York-2009-S06202-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6202
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                    October 2, 2009
                                      ___________
       Introduced  by  Sen.  ADAMS  -- read twice and ordered printed, and when
         printed to be committed to the Committee on Rules
       AN ACT to amend the labor law and the public health law, in relation  to
         posting  information on safe workplace practices for the prevention of
         the H1N1 influenza virus or influenza
         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 "H1N1 in
    2  the workplace prevention act."
    3    S 2. The labor law is amended by adding a new section 202-l to read as
    4  follows:
    5    S 202-L.  POSTING OF H1N1 INFLUENZA RELATED INFORMATION.  1.  FOR  THE
    6  PURPOSES  OF  THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
    7  MEANINGS:
    8    (A) "EMPLOYEE" MEANS A PERSON WHO PERFORMS SERVICES FOR  HIRE  FOR  AN
    9  EMPLOYER, FOR AN AVERAGE OF TEN OR MORE HOURS PER WEEK, AND INCLUDES ALL
   10  INDIVIDUALS  EMPLOYED  AT  ANY SITE OWNED OR OPERATED BY AN EMPLOYER BUT
   11  SHALL NOT INCLUDE AN INDEPENDENT CONTRACTOR.
   12    (B) "EMPLOYER" MEANS A PERSON OR  ENTITY  THAT  EMPLOYS  TEN  OR  MORE
   13  EMPLOYEES  AT AT LEAST ONE SITE AND INCLUDES AN INDIVIDUAL, CORPORATION,
   14  PARTNERSHIP, ASSOCIATION,  NONPROFIT  ORGANIZATION,  GROUP  OF  PERSONS,
   15  COUNTY,  TOWN,  CITY, SCHOOL DISTRICT, PUBLIC AUTHORITY OR OTHER GOVERN-
   16  MENTAL SUBDIVISION OF ANY KIND.
   17    2. EVERY EMPLOYER SHALL POST A SIGN  APPROVED  BY  THE  DEPARTMENT  OF
   18  HEALTH  IN EVERY WORKPLACE AT THE LOCATION OR LOCATIONS WHERE NOTICES TO
   19  EMPLOYEES ARE NORMALLY POSTED, TO INFORM  EMPLOYEES  OF  SAFE  WORKPLACE
   20  PRACTICES  FOR  THE  PREVENTION  OF THE H1N1 OR OTHER INFLUENZA VIRUS IN
   21  SUCH WORKPLACE.
   22    S 3. Subdivision 1 of section 206 of the public health law is  amended
   23  by adding a new paragraph (t) to read as follows:
   24    (T)  BY  RULE AND REGULATION, ESTABLISH STANDARDS NECESSARY AND APPRO-
   25  PRIATE FOR THE IMPLEMENTATION OF SUBDIVISION TWO OF SECTION TWO  HUNDRED
   26  TWO-L OF THE LABOR LAW.
   27    S 4. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14669-07-9