S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10573
 
                           I N  A S S E M B L Y
 
                                May 7, 2018
                                ___________
 
 Introduced  by  M.  of  A.  TITUS,  JOYNER, ORTIZ, JAFFEE, M. G. MILLER,
   ROZIC, BLAKE, SIMON, JEAN-PIERRE,  CAHILL,  SEAWRIGHT,  RIVERA,  GOTT-
   FRIED,  DICKENS,  L. ROSENTHAL,  LAVINE, COOK, NIOU, MOSLEY, ARROYO --
   Multi-Sponsored by -- M. of A. ABBATE -- read once and referred to the
   Committee on Labor
 
 AN ACT to amend the workers' compensation law, in relation to  providing
   language access services
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The workers' compensation law is amended by  adding  a  new
 section 17-a to read as follows:
   § 17-A. LIMITED ENGLISH PROFICIENCY. 1. THE BOARD SHALL PROVIDE TRANS-
 LATION  OF  ALL DOCUMENTS AND FORMS USED BY OR ISSUED TO INJURED EMPLOY-
 EES. THE TRANSLATION  SHALL  BE  IN  THE  SIX  MOST  COMMON  NON-ENGLISH
 LANGUAGES  SPOKEN BY INDIVIDUALS WITH LIMITED-ENGLISH PROFICIENCY IN THE
 STATE OF NEW YORK.
   2. THE BOARD SHALL PROVIDE INTERPRETATION SERVICES TO INJURED  EMPLOY-
 EES  WITH RESPECT TO ITS PROVISION OF SERVICES, INFORMATION AND/OR BENE-
 FITS.
   3. THE BOARD SHALL PUBLISH A LANGUAGE ACCESS PLAN THAT REFLECTS:
   (A) THE MEANS BY WHICH IT PROVIDES LANGUAGE ASSISTANCE SERVICES;
   (B) THE TITLES OF ALL AVAILABLE TRANSLATED DOCUMENTS AND THE LANGUAGES
 INTO WHICH THEY HAVE BEEN TRANSLATED;
   (C) THE NUMBER OF PUBLIC CONTACT POSITIONS AT THE BOARD AND THE NUMBER
 OF BILINGUAL  EMPLOYEES  IN  PUBLIC  CONTACT  POSITIONS,  INCLUDING  THE
 LANGUAGES THEY SPEAK;
   (D)  A  TRAINING  PLAN FOR BOARD EMPLOYEES WHICH INCLUDES, AT MINIMUM,
 ANNUAL TRAINING ON ITS LANGUAGE  ACCESS  POLICIES  AND  HOW  TO  PROVIDE
 LANGUAGE ASSISTANCE SERVICES;
   (E)  A  PLAN  FOR  ANNUAL  INTERNAL MONITORING OF THE BOARD'S LANGUAGE
 ACCESS PLAN;
   (F) A PLAN OF HOW THE BOARD INTENDS TO  NOTIFY  INJURED  EMPLOYEES  OF
 OFFERED LANGUAGE ASSISTANT SERVICES; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10025-04-8

 A. 10573                            2
 
   (G) THE APPOINTMENT OF A LANGUAGE ACCESS COORDINATOR AT THE BOARD, WHO
 SHALL BE PUBLICLY IDENTIFIED.
   4.  THE  LANGUAGE  ACCESS  COORDINATOR FOR THE BOARD SHALL MONITOR THE
 BOARD'S COMPLIANCE WITH THIS SECTION BY ANNUALLY COLLECTING DATA ON  THE
 PROVISION  OF  LANGUAGE  ASSISTANCE SERVICES, THE AVAILABILITY OF TRANS-
 LATED MATERIALS, WHETHER SIGNAGE IS PROPERLY POSTED, AND ANY OTHER RELE-
 VANT MEASURES.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a  law; provided, however, that effective immediately, the
 addition, amendment and/or repeal of any rule  or  regulation  necessary
 for  the implementation of this act on its effective date are authorized
 and directed to be made and completed on or before such effective date.