S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10832
 
                           I N  A S S E M B L Y
 
                               July 18, 2020
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Abbate) --
   read once and referred to the Committee on Labor
 
 AN ACT to amend the labor law, in relation to requiring public employers
   to adopt a plan for operations in  the  event  of  a  declared  public
   health  emergency  involving  a communicable disease; and to amend the
   education law, in relation to certain protocols for  responding  to  a
   declared public health emergency involving a communicable disease
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The labor law is amended by adding a new  section  27-c  to
 read as follows:
   §  27-C.  DUTY  OF  PUBLIC EMPLOYERS TO DEVELOP OPERATION PLANS IN THE
 EVENT OF CERTAIN DECLARED PUBLIC HEALTH EMERGENCIES.  1.    DEFINITIONS.
 FOR THE PURPOSES OF THIS SECTION:
   A.  "PERSONAL  PROTECTIVE  EQUIPMENT" SHALL MEAN ALL EQUIPMENT WORN TO
 MINIMIZE EXPOSURE TO HAZARDS, INCLUDING  GLOVES,  MASKS,  FACE  SHIELDS,
 FOOT  AND  EYE PROTECTION, PROTECTIVE HEARING DEVICES, RESPIRATORS, HARD
 HATS, AND DISPOSABLE GOWNS AND APRONS.
   B. "PUBLIC EMPLOYER" OR "EMPLOYER" SHALL MEAN THE STATE OF NEW YORK, A
 COUNTY, CITY, TOWN, VILLAGE OR ANY OTHER POLITICAL SUBDIVISION OR  CIVIL
 DIVISION  OF THE STATE, A PUBLIC AUTHORITY, COMMISSION OR PUBLIC BENEFIT
 CORPORATION, OR ANY OTHER PUBLIC CORPORATION, AGENCY, INSTRUMENTALITY OR
 UNIT OF GOVERNMENT WHICH EXERCISES GOVERNMENTAL POWER UNDER THE LAWS  OF
 THIS  STATE,  PROVIDED, HOWEVER, THAT THIS SUBDIVISION SHALL NOT INCLUDE
 ANY EMPLOYER AS DEFINED IN SECTION TWENTY-EIGHT  HUNDRED  ONE-A  OF  THE
 EDUCATION LAW.
   C.  "CONTRACTOR" SHALL MEAN AN INDIVIDUAL PERFORMING SERVICES AS PARTY
 TO A CONTRACT AWARDED BY THE STATE OF  NEW  YORK  OR  ANY  OTHER  PUBLIC
 EMPLOYER DEFINED IN PARAGRAPH B OF THIS SUBDIVISION.
   D. "ESSENTIAL" SHALL REFER TO A DESIGNATION MADE THAT A PUBLIC EMPLOY-
 EE  OR CONTRACTOR IS REQUIRED TO BE PHYSICALLY PRESENT AT A WORK SITE TO
 PERFORM HIS OR HER JOB.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD16049-11-0
              

 A. 10832                            2
 
   E. "NON-ESSENTIAL" SHALL REFER TO A DESIGNATION  MADE  THAT  A  PUBLIC
 EMPLOYEE  OR  CONTRACTOR  IS  NOT REQUIRED TO BE PHYSICALLY PRESENT AT A
 WORK SITE TO PERFORM HIS OR HER JOB.
   F.  "COMMUNICABLE  DISEASE"  SHALL MEAN AN ILLNESS CAUSED BY AN INFEC-
 TIOUS AGENT OR ITS TOXINS THAT OCCURS THROUGH  THE  DIRECT  OR  INDIRECT
 TRANSMISSION  OF  THE  INFECTIOUS AGENT OR ITS PRODUCTS FROM AN INFECTED
 INDIVIDUAL OR VIA AN ANIMAL, VECTOR OR THE INANIMATE  ENVIRONMENT  TO  A
 SUSCEPTIBLE ANIMAL OR HUMAN HOST.
   G.   "RETALIATORY   ACTION"  SHALL  MEAN  THE  DISCHARGE,  SUSPENSION,
 DEMOTION, PENALIZATION, OR DISCRIMINATION AGAINST ANY EMPLOYEE, OR OTHER
 ADVERSE EMPLOYMENT ACTION TAKEN AGAINST AN EMPLOYEE  IN  THE  TERMS  AND
 CONDITIONS OF EMPLOYMENT.
   2.  EACH PUBLIC EMPLOYER IN THE STATE OF NEW YORK SHALL PREPARE A PLAN
 FOR THE CONTINUATION OF  OPERATIONS  IN  THE  EVENT  THAT  THE  GOVERNOR
 DECLARES  A  PUBLIC  HEALTH  EMERGENCY INVOLVING A COMMUNICABLE DISEASE.
 SUCH PLANS SHALL FOLLOW THE PROVISIONS FOR  REVIEW  AND  PUBLICATION  AS
 PRESCRIBED IN SUBDIVISION FOUR OF THIS SECTION.
   3. THE OPERATIONS PLAN REQUIRED BY THIS SECTION SHALL INCLUDE, BUT NOT
 BE LIMITED TO:
   A. A LIST AND DESCRIPTION OF POSITIONS AND TITLES CONSIDERED ESSENTIAL
 IN  THE EVENT OF A STATE-ORDERED REDUCTION OF IN-PERSON WORKFORCE, AND A
 JUSTIFICATION  OF  SUCH  CONSIDERATION  FOR  EACH  POSITION  AND   TITLE
 INCLUDED.
   B.  A  SPECIFIC  DESCRIPTION  OF PROTOCOLS THE EMPLOYER WILL FOLLOW IN
 ORDER TO ENABLE ALL NON-ESSENTIAL EMPLOYEES AND CONTRACTORS TO  TELECOM-
 MUTE  INCLUDING,  BUT  NOT  LIMITED  TO,  FACILITATING OR REQUESTING THE
 PROCUREMENT, DISTRIBUTION, DOWNLOADING AND INSTALLATION  OF  ANY  NEEDED
 DEVICES  OR TECHNOLOGY, INCLUDING SOFTWARE, DATA, OFFICE LAPTOPS OR CELL
 PHONES, AND THE TRANSFERRING OF OFFICE PHONE LINES TO WORK  OR  PERSONAL
 CELL PHONES AS PRACTICABLE OR APPLICABLE TO THE WORKPLACE.
   C.  A  DESCRIPTION  OF  HOW THE EMPLOYER WILL, TO THE EXTENT POSSIBLE,
 STAGGER WORK SHIFTS OF ESSENTIAL EMPLOYEES AND CONTRACTORS IN  ORDER  TO
 REDUCE OVERCROWDING ON PUBLIC TRANSPORTATION SYSTEMS AND AT WORKSITES.
   D.  A DESCRIPTION OF THE PROTOCOL THE EMPLOYER WILL IMPLEMENT IN ORDER
 TO PROCURE THE APPROPRIATE PERSONAL PROTECTIVE EQUIPMENT  FOR  ESSENTIAL
 EMPLOYEES  AND  CONTRACTORS,  BASED  UPON THE VARIOUS TASKS AND NEEDS OF
 SUCH EMPLOYEES AND CONTRACTORS IN A QUANTITY SUFFICIENT  TO  PROVIDE  AT
 LEAST  TWO  PIECES OF EACH TYPE OF PERSONAL PROTECTIVE EQUIPMENT TO EACH
 ESSENTIAL EMPLOYEE AND CONTRACTOR DURING ANY GIVEN WORK  SHIFT  OVER  AT
 LEAST SIX MONTHS. SUCH DESCRIPTION SHALL ALSO INCLUDE A PLAN FOR STORAGE
 OF  SUCH EQUIPMENT TO PREVENT DEGRADATION AND PERMIT IMMEDIATE ACCESS IN
 THE EVENT OF AN EMERGENCY DECLARATION.
   E. A DESCRIPTION OF THE PROTOCOL IN THE EVENT AN EMPLOYEE OR  CONTRAC-
 TOR  IS  EXPOSED TO A KNOWN CASE OF THE COMMUNICABLE DISEASE THAT IS THE
 SUBJECT OF THE  PUBLIC  HEALTH  EMERGENCY,  EXHIBITS  SYMPTOMS  OF  SUCH
 DISEASE,  OR  TESTS  POSITIVE  FOR  SUCH DISEASE IN ORDER TO PREVENT THE
 SPREAD OR CONTRACTION OF SUCH DISEASE IN THE  WORKPLACE.  SUCH  PROTOCOL
 SHALL  ALSO  DETAIL  ACTIONS  TO  BE TAKEN TO IMMEDIATELY AND THOROUGHLY
 DISINFECT THE WORK AREA OF ANY EMPLOYEE OR CONTRACTOR KNOWN OR SUSPECTED
 TO BE INFECTED WITH THE COMMUNICABLE DISEASE AS WELL AS ANY COMMON  AREA
 SURFACE  AND  SHARED  EQUIPMENT  SUCH  EMPLOYEE  OR  CONTRACTOR MAY HAVE
 TOUCHED, AND THE EMPLOYER POLICY ON AVAILABLE LEAVE IN THE EVENT OF  THE
 NEED OF AN EMPLOYEE TO RECEIVE TESTING, TREATMENT, ISOLATION, OR QUARAN-
 TINE.  SUCH PROTOCOL SHALL NOT INVOLVE ANY ACTION THAT WOULD VIOLATE ANY
 EXISTING FEDERAL, STATE, OR LOCAL LAW, INCLUDING REGARDING SICK LEAVE OR
 HEALTH INFORMATION PRIVACY.

 A. 10832                            3
 
   F. A PROTOCOL  FOR  DOCUMENTING  PRECISE  HOURS  AND  WORK  LOCATIONS,
 INCLUDING OFF-SITE VISITS, FOR ESSENTIAL EMPLOYEES AND CONTRACTORS. SUCH
 PROTOCOL SHALL BE DESIGNED ONLY TO AID IN TRACKING OF THE DISEASE AND TO
 IDENTIFY THE POPULATION OF EXPOSED EMPLOYEES AND CONTRACTORS IN ORDER TO
 FACILITATE  THE  PROVISION  OF  ANY  BENEFITS  WHICH MAY BE AVAILABLE TO
 CERTAIN EMPLOYEES AND CONTRACTORS ON THAT BASIS.
   G. A PROTOCOL FOR HOW THE PUBLIC EMPLOYER WILL WORK WITH SUCH  EMPLOY-
 ER'S  LOCALITY  TO  IDENTIFY  SITES  FOR EMERGENCY HOUSING FOR ESSENTIAL
 EMPLOYEES IN ORDER TO FURTHER CONTAIN THE  SPREAD  OF  THE  COMMUNICABLE
 DISEASE  THAT  IS  THE  SUBJECT OF THE DECLARED EMERGENCY, TO THE EXTENT
 APPLICABLE TO THE NEEDS OF THE WORKPLACE.
   4. ONCE DRAFTED, EACH PUBLIC EMPLOYER SHALL PRESENT THE PLAN DESCRIBED
 IN THIS SECTION TO ALL APPLICABLE DULY RECOGNIZED OR CERTIFIED REPRESEN-
 TATIVES OF THE EMPLOYER'S EMPLOYEES, WHO SHALL THEN BE GRANTED AN OPPOR-
 TUNITY TO REVIEW THE PLAN AND MAKE  RECOMMENDATIONS,  IF  ANY,  PROVIDED
 THAT NOTHING SHALL PRECLUDE SUCH REPRESENTATIVES FROM MAKING SUCH RECOM-
 MENDATIONS PRIOR TO THE DRAFT BEING COMPLETED. THE EMPLOYER MUST CONSID-
 ER  AND  RESPOND  TO SUCH RECOMMENDATIONS IN WRITING WITHIN A REASONABLE
 TIMEFRAME. A COPY OF THE FINAL  VERSION  OF  SUCH  PLAN  SHALL  THEN  BE
 PUBLISHED IN A CLEAR AND CONSPICUOUS LOCATION, AND IN THE EMPLOYEE HAND-
 BOOK,  TO  THE  EXTENT  THAT  THE EMPLOYER PROVIDES SUCH HANDBOOK TO ITS
 EMPLOYEES, AND IN A LOCATION ACCESSIBLE ON EITHER THE EMPLOYER'S WEBSITE
 OR ON THE INTERNET ACCESSIBLE  BY  EMPLOYEES.  NO  EMPLOYER  SHALL  TAKE
 RETALIATORY  ACTION  OR  OTHERWISE DISCRIMINATE AGAINST ANY EMPLOYEE FOR
 MAKING SUGGESTIONS OR RECOMMENDATIONS REGARDING THE CONTENT OF THE PLAN.
   5. THE DEPARTMENT SHALL  ESTABLISH  PROCEDURES  TO  ALLOW  FOR  PUBLIC
 EMPLOYEES  OR  CONTRACT  WORKERS TO CONTACT AND INFORM THE DEPARTMENT OF
 ANY ALLEGED OR BELIEVED VIOLATIONS OF ANY OF THE PROVISIONS DESCRIBED IN
 THIS SECTION.
   6. NOTHING IN THIS SECTION SHALL BE DEEMED TO IMPEDE, INFRINGE, DIMIN-
 ISH OR IMPAIR THE RIGHTS OF A PUBLIC EMPLOYEE OR EMPLOYER UNDER ANY LAW,
 RULE, REGULATION OR COLLECTIVELY NEGOTIATED AGREEMENT, OR THE RIGHTS AND
 BENEFITS WHICH ACCRUE TO EMPLOYEES THROUGH COLLECTIVE BARGAINING  AGREE-
 MENTS,  OR  OTHERWISE  DIMINISH THE INTEGRITY OF THE EXISTING COLLECTIVE
 BARGAINING RELATIONSHIP.
   § 2. Section 27-a of the labor law is amended by adding a new subdivi-
 sion 6-a to read as follows:
   6-A. FORM OF COMPLAINTS. THE DEPARTMENT SHALL  ESTABLISH  A  DEDICATED
 WEBPAGE  AND  HOTLINE THROUGH WHICH ANY PUBLIC EMPLOYEE UNDER THE JURIS-
 DICTION OF THIS SECTION OR CONTRACTOR AS DEFINED BY  THE  CHAPTER  WHICH
 ADDED  THIS SUBDIVISION MAY REPORT ALLEGED OR BELIEVED VIOLATIONS OF ANY
 STATE LAW, REGULATION, RULE OR GUIDANCE RELATED TO  OCCUPATIONAL  HEALTH
 AND  SAFETY  INVOLVING A COMMUNICABLE DISEASE, INCLUDING BUT NOT LIMITED
 TO THE NOVEL CORONAVIRUS COVID-19. SUCH WEBPAGE AND HOTLINE SHALL  ALLOW
 INDIVIDUALS TO REPORT ALLEGED OR BELIEVED VIOLATIONS ANONYMOUSLY.
   §  3.  Paragraphs  k  and  l of subdivision 2 of section 2801-a of the
 education law, as amended by section 1 of part B of chapter  56  of  the
 laws of 2016, are amended to read as follows:
   k.  a  description of the duties of hall monitors and any other school
 safety personnel, the training required of all  personnel  acting  in  a
 school  security  capacity, and the hiring and screening process for all
 personnel acting in a school security capacity; [and]
   l. the designation of the superintendent, or  superintendent's  desig-
 nee,  as the district chief emergency officer responsible for coordinat-
 ing communication between school staff and  law  enforcement  and  first
 responders, and ensuring staff understanding of the district-level safe-

 A. 10832                            4
 
 ty  plan.  The  chief  emergency  officer  shall also be responsible for
 ensuring the completion and yearly updating of building-level  emergency
 response plans; OR
   M.  PROTOCOLS  FOR  RESPONDING  TO  A DECLARED PUBLIC HEALTH EMERGENCY
 INVOLVING A COMMUNICABLE DISEASE THAT ARE SUBSTANTIALLY CONSISTENT  WITH
 THE PROVISIONS OF SECTION TWENTY-SEVEN-C OF THE LABOR LAW.
   §  4.  This  act shall take effect immediately; provided, however that
 the operation plans in the event of certain declared public health emer-
 gencies established pursuant to section 27-c of the labor law  shall  be
 finalized and published, the hotline and webpage established pursuant to
 section 27-a of the labor law shall be functional, and the protocols for
 responding  to a declared public health emergency involving a communica-
 ble disease pursuant to paragraph m of subdivision 2 of  section  2801-a
 of  the education law shall be established and functional within 30 days
 of the effective date of this act.