NY State Senate Bill 2017-S5356

Archive: Last Bill Status - In Senate Committee Labor Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to labor
Jun 15, 2017	print number 5356a
Jun 15, 2017	amend and recommit to rules
Jun 06, 2017	reported and committed to rules
Mar 22, 2017	referred to labor

Votes

- Jun 6, 2017 - Labor Committee Vote
  S5356
  
  11
  
  Aye
  
  0
  
  Nay
  
  4
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Labor Committee Vote: Jun 6, 2017
      
      aye (11)
      
      Addabbo Jr.
      
      Alcantara
      
      Dilan
      
      Hannon
      
      Marcellino
      
      Parker
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      aye wr (4)
      
      Akshar
      
      Gallivan
      
      Murphy
      
      Ortt

Bill Amendments

Original

A (Active)

co-Sponsors

2017-S5356 - Details

Current Committee:: Senate Labor
Law Section:: Workers' Compensation Law
Laws Affected:: Add §17-a, Work Comp L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S1721
2021-2022: S1022

2017-S5356 - Summary

Relates to providing language access services; requires the workers' compensation board to provide for translation of documents and interpretation services and to publish a language access plan.

2017-S5356 - Sponsor Memo

                                 BILL NUMBER:  S5356

 TITLE OF BILL :  An act to amend the workers' compensation law, in
relation to providing language access services

 PURPOSE OR GENERAL IDEA OF BILL :

This bill seeks to order the NYS Workers Compensation Board to provide
interpretation services and translate all documents and forms into the
six most common non-English languages. This bill orders the board to
establish a language access plan in compliance with its provisions and
monitored by a language access coordinator at the board.

 SUMMARY OF PROVISIONS :

Section 1: Requires the board to provide translations of all documents
and forms used by or issued to injured employees in the six most
common non-English languages spoken by individuals with
limited-English proficiency. Section 2: The board shall provide
interpretation services to injured employees with respect to its
provision of services, information and/or benefits. Section 3:
Requires the board to publish a language access plan that describes
the means by which it provides language assistance services; the
titles of all available documents and the languages they've been
translated to; the number of public contact positions at the board,
the bilingual employees in contact positions and the languages they

speak; a training plan with, at minimum, yearly training; a plan for
internal monitoring of the language access plan; a plan for how to
inform injured employees of the language assistance; and a language
access coordinator at the board. Section 4: Requires the language
access coordinator position created by section 3 to monitor the
agency's compliance with this order by annually collecting data on the
availability of translated materials, whether signage is properly
posted and other relevant measures.

 DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE) :

 JUSTIFICATION :

New York State is very diverse, with more than two hundred languages
spoken by its residents. Half of all New York City residents speak a
language other than English at home, and 13% of New York State
residents have limited English proficiency (LEP.) The linguistic
diversity of New York State demands that accommodations be made for
those who have language access needs. Many New Yorkers require
translation of key documents and interpretation of various proceedings
when interacting with government agencies and programs. Addressing
language access needs is crucial in the Workers' Compensation context.
LEP workers often work more dangerous, physically demanding,
lower-paying jobs than workers who speak fluent English. For example,
in 2014, 32.3% of people working construction jobs in the United
States were Latino or Hispanic, while Latino and Hispanic individuals
make up only 16.1% of people working in all occupations. That same
year, construction-related jobs were among the most dangerous in the
country. According to OSHA, 903 Latino workers were killed on the job
in 2015. When these workers are injured, they require translation and
interpretation services in order to receive the Workers' Compensation
benefits to which they are entitled. Competent interpretation services
are crucial in Workers' Compensation proceedings. Workers'
Compensation is a complicated area of law, and hearings employ a high
amount of technical legal language and acronyms. WCB proceedings can
be challenging for any lay person to understand, and lack of language
access further complicate claimants' ability to understand proceedings
that are essential to their health and livelihood.  Organizations that
serve the LEP population, as well as others who have observed or
participated in workers' compensation proceedings, have observed many
areas in which language access can and should be significantly
improved. If enacted, this bill would remedy many existing
deficiencies in communication and information for the LEP population
that presently impede their access to benefits provided by law.

 PRIOR LEGISLATIVE HISTORY :

This is a new bill

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :

Not available.

 EFFECTIVE DATE :
This act shall take effect on the ninetieth day after it shall 5 have
become a law

2017-S5356 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5356
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              March 22, 2017
                                ___________
 
 Introduced by Sens. ALCANTARA, SAVINO -- read twice and ordered printed,
   and when printed to be committed 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.
                                                            LBD10025-01-7

 S. 5356                             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
 AGENCY'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.

co-Sponsors

2017-S5356A (ACTIVE) - Details

Current Committee:: Senate Labor
Law Section:: Workers' Compensation Law
Laws Affected:: Add §17-a, Work Comp L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S1721
2021-2022: S1022

2017-S5356A (ACTIVE) - Summary

Relates to providing language access services; requires the workers' compensation board to provide for translation of documents and interpretation services and to publish a language access plan.

2017-S5356A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5356A

 TITLE OF BILL :  An act to amend the workers' compensation law, in
relation to providing language access services

 PURPOSE OR GENERAL IDEA OF BILL :

This bill seeks to order the NYS Workers Compensation Board to provide
interpretation services and translate all documents and forms into the
six most common non-English languages. This bill orders the board to
establish a language access plan in compliance with its provisions and
monitored by a language access coordinator at the board.

 SUMMARY OF PROVISIONS :

Section 1: Requires the board to provide translations of all documents
and forms used by or issued to injured employees in the six most
common non-English languages spoken by individuals with
limited-English proficiency. Section 2: The board shall provide
interpretation services to injured employees with respect to its
provision of services, information and/or benefits. Section 3:
Requires the board to publish a language access plan that describes
the means by which it provides language assistance services; the
titles of all available documents and the languages they've been
translated to; the number of public contact positions at the board,
the bilingual employees in contact positions and the languages they

speak; a training plan with, at minimum, yearly training; a plan for
internal monitoring of the language access plan; a plan for how to
inform injured employees of the language assistance; and a language
access coordinator at the board. Section 4: Requires the language
access coordinator position created by section 3 to monitor the
agency's compliance with this order by annually collecting data on the
availability of translated materials, whether signage is properly
posted and other relevant measures.

 DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE) :

 JUSTIFICATION :

New York State is very diverse, with more than two hundred languages
spoken by its residents. Half of all New York City residents speak a
language other than English at home, and 13% of New York State
residents have limited English proficiency (LEP.) The linguistic
diversity of New York State demands that accommodations be made for
those who have language access needs. Many New Yorkers require
translation of key documents and interpretation of various proceedings
when interacting with government agencies and programs. Addressing
language access needs is crucial in the Workers' Compensation context.
LEP workers often work more dangerous, physically demanding,
lower-paying jobs than workers who speak fluent English. For example,
in 2014, 32.3% of people working construction jobs in the United
States were Latino or Hispanic, while Latino and Hispanic individuals
make up only 16.1% of people working in all occupations. That same
year, construction-related jobs were among the most dangerous in the
country. According to OSHA, 903 Latino workers were killed on the job
in 2015. When these workers are injured, they require translation and
interpretation services in order to receive the Workers' Compensation
benefits to which they are entitled. Competent interpretation services
are crucial in Workers' Compensation proceedings. Workers'
Compensation is a complicated area of law, and hearings employ a high
amount of technical legal language and acronyms. WCB proceedings can
be challenging for any lay person to understand, and lack of language
access further complicate claimants' ability to under-stand
proceedings that are essential to their health and livelihood.
Organizations that serve the LEP population, as well as others who
have observed or participated in workers' compensation proceedings,
have observed many areas in which language access can and should be
significantly improved. If enacted, this bill would remedy many
existing deficiencies in communication and information for the LEP
population that presently impede their access to benefits provided by
law.

 PRIOR LEGISLATIVE HISTORY :

This is a new bill.

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :

Not available.

 EFFECTIVE DATE :
This act shall take effect on the ninetieth day after it shall have
become a law.

2017-S5356A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5356--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              March 22, 2017
                                ___________
 
 Introduced by Sens. ALCANTARA, SAVINO -- read twice and ordered printed,
   and when printed to be committed to the Committee on Labor -- reported
   favorably  from said committee and committed to the Committee on Rules
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and recommitted to said committee

 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;

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

                                                            LBD10025-03-7

 S. 5356--A                          2
 
   (F)  A  PLAN  OF  HOW THE BOARD INTENDS TO NOTIFY INJURED EMPLOYEES OF
 OFFERED LANGUAGE ASSISTANT SERVICES; AND
   (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.

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Senate Bill S5356

Sponsored By

Archive: Last Bill Status - In Senate Committee Labor Committee

Jun 6, 2017 - Labor Committee Vote

Labor Committee Vote: Jun 6, 2017

Bill Amendments

co-Sponsors

2017-S5356 - Details

2017-S5356 - Summary

2017-S5356 - Sponsor Memo

2017-S5356 - Bill Text download pdf

co-Sponsors

2017-S5356A (ACTIVE) - Details

2017-S5356A (ACTIVE) - Summary

2017-S5356A (ACTIVE) - Sponsor Memo

2017-S5356A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5356

Share this bill

Sponsored By

Marisol Alcantara

Archive: Last Bill Status - In Senate Committee Labor Committee

Bill Amendments

co-Sponsors

Diane J. Savino

2017-S5356 - Details

2017-S5356 - Summary

2017-S5356 - Sponsor Memo

2017-S5356 - Bill Text download pdf

co-Sponsors

Diane J. Savino

2017-S5356A (ACTIVE) - Details

2017-S5356A (ACTIVE) - Summary

2017-S5356A (ACTIVE) - Sponsor Memo

2017-S5356A (ACTIVE) - Bill Text download pdf

Comments