S T A T E   O F   N E W   Y O R K
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                                 7162--A

                            I N  S E N A T E

                              April 4, 2016
                               ___________

Introduced  by  Sens. SAVINO, ADDABBO, PERALTA -- read twice and ordered
  printed, and when printed to be committed to the Committee on Labor --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN ACT to amend the workers' compensation law and the public health law,
  in  relation  to  occupational  safety  and  health prevention centers
  located at the city university of New York Barry Commoner  Center  for
  Health  and Environment and the occupational health clinical center at
  the Upstate Medical University of the state university of New York

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision 3 of section 151 of the workers' compensation
law, as added by section 22 of part GG of chapter  57  of  the  laws  of
2013, is amended to read as follows:
  3.  The  chair and department of audit and control annually as soon as
practicable after the first of April of each year  shall  ascertain  the
actual  total  amount  of  expenses, including in addition to the direct
costs of personal service, the cost of maintenance  and  operation,  the
cost of retirement contributions made and workers' compensation premiums
paid  by  the  state  for  or on account of personnel, rentals for space
occupied in state owned or state leased buildings, such  additional  sum
as may be certified to the chair and the department of audit and control
as  a reasonable compensation for services rendered by the department of
law and expenses incurred by such  department,  for  transfer  into  the
training  and educational program on occupational safety and health fund
created pursuant to chapter eight hundred  eighty-six  of  the  laws  of
nineteen  hundred  eighty-five  and  section ninety-seven-c of the state
finance law, for the New York state occupational health clinics network,
for the department of labor occupational safety and health program,  THE
OCCUPATIONAL  SAFETY AND HEALTH PREVENTION CENTERS PURSUANT TO TITLE SIX
OF ARTICLE TWENTY-NINE-D OF THE PUBLIC HEALTH LAW and for transfer  into
the  uninsured  employers'  fund  pursuant to subdivision two of section
twenty-six-a of this chapter, and all other direct  or  indirect  costs,
incurred  by  the  board  in  connection with the administration of this

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD01787-11-6

S. 7162--A                          2

chapter, except those expenses for which an assessment is authorized for
self-insurance pursuant to subdivision five of  section  fifty  of  this
chapter.  Assessments  pursuant to subparagraph four of paragraph (h) of
subdivision  eight  of  section  fifteen of this chapter for the special
disability fund, pursuant to section fifty-c of  this  chapter  for  the
self insurer offset fund, pursuant to subdivision three of section twen-
ty-five-a  of this chapter for the fund for reopened cases, and pursuant
to section two hundred fourteen of this chapter for the special fund for
disability benefits shall be included in the total  amount  of  expenses
for  the purposes of this subdivision. Any overpayment of annual assess-
ments resulting from the  requirements  of  this  subdivision  shall  be
applied as a credit against the future assessment rate provided the fund
balance  shall  not  be  reduced  below  ten percent of the total amount
assessed.  FOR THE NEW YORK STATE OCCUPATIONAL HEALTH  CLINICS  NETWORK,
THE  DEPARTMENT OF LABOR OCCUPATIONAL SAFETY AND HEALTH PROGRAM, AND THE
OCCUPATIONAL SAFETY AND HEALTH PREVENTION CENTERS PURSUANT TO TITLE  SIX
OF  ARTICLE  TWENTY-NINE-D  OF  THE  PUBLIC  HEALTH LAW, THE STATE SHALL
APPROPRIATE FUNDS ANNUALLY IN AN AMOUNT NOT LESS THAN THE AMOUNT  APPRO-
PRIATED  AND MADE AVAILABLE IN THE PREVIOUS STATE FISCAL YEAR; PROVIDED,
HOWEVER, THAT IF THE GOVERNOR DECLARES A FISCAL EMERGENCY, AND  COMMUNI-
CATES SUCH EMERGENCY TO THE TEMPORARY PRESIDENT OF THE SENATE AND SPEAK-
ER OF THE ASSEMBLY, STATE SUPPORT FOR THESE PROGRAMS MAY BE REDUCED IN A
MANNER  PROPORTIONATE  TO  ONE ANOTHER, AND THE AFOREMENTIONED APPROPRI-
ATION PROVISIONS SHALL NOT APPLY.
  S 2. Article 29-D of the public health law is amended by adding a  new
title 6 to read as follows:

                                 TITLE 6
            OCCUPATIONAL SAFETY AND HEALTH PREVENTION CENTERS
SECTION 2999-M-1. OCCUPATIONAL SAFETY AND HEALTH PREVENTION CENTERS.
        2999-M-2. PURPOSE OF CENTERS.
        2999-M-3. PREVENTION DATA ANALYSIS AND DISSEMINATION.
        2999-M-4. IMMIGRANT AND VULNERABLE WORK FORCE.
        2999-M-5. SECONDARY PREVENTION OF OCCUPATIONAL DISEASES.
  S  2999-M-1. OCCUPATIONAL SAFETY AND HEALTH PREVENTION CENTERS.  THERE
IS HEREBY ESTABLISHED CONTINGENT  ON  AN  APPROPRIATION  FOR  THE  STATE
FISCAL  YEAR  TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN OCCUPATIONAL
SAFETY AND HEALTH PREVENTION  CENTERS  AS  DEFINED  IN  THIS  TITLE  AND
REFERRED TO IN THIS TITLE AS "THE PREVENTION CENTERS".
  S  2999-M-2. PURPOSE OF CENTERS. THE PURPOSE OF THE PREVENTION CENTERS
IS TO IDENTIFY, PROMOTE AND IMPLEMENT  STRATEGIES  THROUGHOUT  NEW  YORK
STATE  TO  PREVENT OCCUPATIONAL ILLNESSES AND INJURIES AND THEIR RELATED
MORTALITY AND DISABILITY.
  S  2999-M-3.  PREVENTION  DATA  ANALYSIS  AND  DISSEMINATION.      THE
PREVENTION  CENTERS  WILL  IDENTIFY,  ACCESS  AND  ANALYZE ALL AVAILABLE
FEDERAL, STATE AND LOCAL GOVERNMENT COLLECTED  OCCUPATIONAL  HEALTH  AND
HAZARD  DATA  RELEVANT  TO  NEW YORK STATE IN ORDER TO IDENTIFY OPPORTU-
NITIES TO IMPLEMENT PREVENTION STRATEGIES. THESE ANALYSES WILL FORM  THE
BASIS  FOR  DEVELOPING PREVENTION PROJECTS WITH LABOR, BUSINESS, GOVERN-
MENT AND OTHER STAKEHOLDERS IN ORDER TO PREVENT OCCUPATIONAL INJURY  AND
ILLNESSES.
  S  2999-M-4.  IMMIGRANT  AND  VULNERABLE  WORK  FORCE.  THE PREVENTION
CENTERS WILL INVESTIGATE THE OCCUPATIONAL HEALTH AND  HAZARDS  TO  IMMI-
GRANT  WORKERS AND OTHER WORKERS WHO ARE ENGAGED IN TEMPORARY OR CONTIN-
GENT WORK IN NEW YORK STATE AND  IDENTIFY  OPPORTUNITIES  IN  EDUCATION,

S. 7162--A                          3

RESEARCH,  AND POLICY TO ADDRESS THOSE HAZARDS IN COLLABORATION WITH ALL
RELEVANT STAKEHOLDERS.
  S  2999-M-5. SECONDARY PREVENTION OF OCCUPATIONAL DISEASES. IN VIEW OF
THE PREVENTION COMPONENTS REQUIRED OF HEALTH INSURANCE PLANS  UNDER  THE
AFFORDABLE  CARE  AND  PATIENT  PROTECTION  ACT  OF 2010, THE PREVENTION
CENTERS WILL EDUCATE, PROMOTE, AND ADVOCATE FOR THE EARLY  DETECTION  OF
OCCUPATIONAL  ILLNESSES  AND  INJURIES  THROUGH  IMPROVED UTILIZATION OF
MANDATED PREVENTIVE SERVICES. IN  COLLABORATION  WITH  THE  OCCUPATIONAL
HEALTH CLINIC NETWORK AND OTHER RELEVANT PARTIES, THE PREVENTION CENTERS
WILL  DEVELOP  AND IMPLEMENT A STRATEGY TO IDENTIFY, NOTIFY, AND RECRUIT
WORKERS AT HIGH RISK OF LUNG CANCER DUE TO PAST EXPOSURES  TO  ASBESTOS,
SILICA,  DIESEL EXHAUST, BERYLLIUM AND OTHER LUNG CARCINOGENS TO FACILI-
TATE THEIR PARTICIPATION IN LOW  DOSE  CT  SCANNING  PROGRAMS  FOR  LUNG
CANCER SCREENING IN NEW YORK STATE.
  S  3. Section 2490 of the public health law, as amended by chapter 139
of the laws of 2008, is amended to read as follows:
  S 2490. Oversight committee. 1. There is hereby established the  occu-
pational health clinics AND PREVENTION CENTERS oversight committee to be
comprised  of the following persons or their designees: the commissioner
of health; the commissioner of labor; the chairperson  of  the  workers'
compensation  board;  six persons appointed by the governor, one of whom
shall be on nomination of the New  York  state  American  federation  of
labor-congress  of industrial organizations, and one of whom shall be on
the nomination of the business council of the state  of  New  York;  two
persons  appointed by the temporary president of the senate; two persons
appointed by the speaker of the assembly; one person  appointed  by  the
minority  leader  of the senate and one person appointed by the minority
leader of the assembly. The governor shall designate a chairperson  from
among  the  members  of the committee. The initial appointments shall be
made on or before September first, two thousand eight.
  2. The committee shall meet at least four times a year. Special  meet-
ings may be called by the chairperson.
  3.  Members  of  the oversight committee shall receive no compensation
for their services, but shall be  allowed  their  actual  and  necessary
expenses incurred in the performance of their duties hereunder.
  4.  Vacancies  shall  be  filled  in  the  same manner as the original
appointments.
  5. The committee shall make recommendations to the  governor  and  the
legislature  on  or  before  [September  thirtieth,  two thousand nine,]
DECEMBER THIRTY-FIRST, TWO THOUSAND EIGHTEEN regarding:
  (a) statewide needs to be met by the [network] PREVENTION CENTERS;
  (b) coordination of clinic AND PREVENTION CENTER activities with  not-
for-profit,  private  sector  concerns and state agencies, including but
not limited to an evaluation of  current  jurisdictional  and  oversight
responsibilities;
  (c) coordination and sharing of clinic resources and services;
  (d) dissemination of research results and educational information;
  (e)  identification  of funding sources for the PREVENTION CENTERS AND
THE network;
  (f) the activities of the clinics AND  PREVENTION  CENTERS  and  their
effectiveness  in  meeting the objectives as set forth in statute and in
clinic specific contracts with the state;
  (g) local, regional, occupation or business sector specific needs that
may be met by one or more clinic OR PREVENTION CENTER;
  (h) other issues as determined by the oversight committee; and

S. 7162--A                          4

  (i) incorporation of provisions to implement  its  recommendations  in
requests for applications of state funding for occupational health clin-
ics AND PREVENTION CENTERS.
  S  4. Section 2490-a of the public health law, as added by chapter 139
of the laws of 2008, is amended to read as follows:
  S 2490-a. Occupational health clinic AND  PREVENTION  CENTER  advisory
committees.  The  chief executive officer of every clinic in the occupa-
tional health clinic network AND  PREVENTION  CENTER  shall  convene  an
advisory committee consisting of two local representatives each of busi-
ness,  labor  unions,  public health agencies and community groups which
shall be selected in consultation with the occupational  health  clinics
AND PREVENTION CENTERS oversight committee. The oversight committee will
assist  in  the development of policies, the creation and implementation
of a targeted outreach plan for working with business, unions and  work-
ers,  an assessment of clinic-specific funding needs and potential fund-
ing sources, and overall guidance for the clinics AND PREVENTION CENTERS
on an ongoing basis.
  S 5. This act shall take effect on the thirtieth day following a first
appropriation for the  prevention  centers  for  a  state  fiscal  year;
provided  that  the  commissioner of health shall notify the legislative
bill drafting commission upon the occurrence of  such  appropriation  in
order  that the commission may maintain an accurate and timely effective
data base of the official text of the laws of the state of New  York  in
furtherance of effectuating the provisions of section 44 of the legisla-
tive law and section 70-b of the public officers law.