S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4588
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2019
                                ___________
 
 Introduced  by M. of A. ENGLEBRIGHT, GOTTFRIED, ORTIZ -- Multi-Sponsored
   by -- M. of A.  COLTON, COOK, PERRY -- read once and referred  to  the
   Committee on Health
 
 AN  ACT  to  amend  the  public  health  law, in relation to farm worker
   protection
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  public health law is amended by adding a new section
 1331 to read as follows:
   § 1331. FARM WORKER PROTECTION. 1. THE FOLLOWING REQUIREMENTS SHALL BE
 MET AT ANY AGRICULTURAL  SITE  TO  WHICH  PESTICIDES  HAVE  OR  WILL  BE
 APPLIED. FARM OWNERS OR OPERATORS SHALL:
   A.  CONDUCT OR CAUSE TO HAVE CONDUCTED MANDATORY TESTING FOR THE PRES-
 ENCE OF ORGANOPHOSPHATE  PESTICIDES  FOR  ALL  HANDLERS  OF  PESTICIDES,
 INCLUDING  APPLICATORS  AND  MIXERS OF PESTICIDES. THIS TESTING SHALL BE
 CONDUCTED WITHIN ONE WEEK OF THE ARRIVAL OF SUCH WORKERS AT THE AGRICUL-
 TURAL SITE AND WITHIN ONE WEEK OF THE DEPARTURE OF SUCH WORKERS FROM THE
 SITE;
   B. PROVIDE PERSONAL PROTECTION EQUIPMENT WHICH HAS BEEN FIT-TESTED  TO
 ALL  INDIVIDUALS WHO ARE REQUIRED OR MAY BE REQUIRED TO WEAR SUCH EQUIP-
 MENT IN THE COURSE OF THEIR WORK, AND WHICH IS READILY AVAILABLE TO  ANY
 WORKER NEEDING TO WEAR OR USE SUCH EQUIPMENT;
   C.  PROVIDE  EDUCATION AND INFORMATION TO FARM WORKERS AND THEIR FAMI-
 LIES ABOUT THE HAZARDS OF EXPOSURE TO  PESTICIDES,  HOW  TO  AVOID  SUCH
 EXPOSURES TO CHILDREN, PERSONAL CLOTHING AND POSSESSIONS, AND WHAT TO DO
 IF PESTICIDE EXPOSURE OR CONTAMINATION OCCURS;
   D.  REPORT  TO  THE DEPARTMENT EVERY INCIDENT OF PESTICIDE EXPOSURE TO
 FARM WORKERS OR THEIR FAMILIES, WHETHER BY DIRECT EXPOSURE TO  PESTICIDE
 APPLICATIONS OR FROM DRIFT OF PESTICIDES FROM THE APPLICATION SITE. SUCH
 REPORTING  SHALL  OCCUR WITHIN TWENTY-FOUR HOURS OF SUCH PESTICIDE EXPO-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09058-01-9
              

 A. 4588                             2
 
 SURE AND SHALL INCLUDE THE DAY AND TIME OF DAY THE EXPOSURE OCCURRED AND
 THE PESTICIDES TO WHICH THE INDIVIDUALS WERE EXPOSED;
   E.  PROVIDE  ON-SITE  WASHING MACHINES FOR WORKERS TO CLEAN PESTICIDE-
 CONTAMINATED CLOTHING, WHICH ARE SEPARATE FROM CLOTHES  WASHING  FACILI-
 TIES  USED  BY FAMILIES. THE FARM OWNER OR OPERATOR SHALL BE RESPONSIBLE
 TO PROVIDE INSTRUCTION IN THE PROPER CARE OF CLOTHING CONTAMINATED  WITH
 OR EXPOSED TO PESTICIDES;
   F.  PROVIDE  ONE SHOWER FACILITY FOR EVERY FIVE WORKERS, WITH SEPARATE
 FACILITIES FOR MALES AND FEMALES, FOR THE REMOVAL OF PESTICIDES RESIDUES
 AND OTHER CONTAMINANTS;
   G. PROVIDE ONE OR MORE PUBLIC TELEPHONES FOR WORKERS TO REPORT MEDICAL
 EMERGENCIES, INCLUDING PESTICIDE EXPOSURES OR CONTAMINATION; AND
   H. ENSURE THAT ALL NEW HOUSING FOR FARM WORKERS IS  LOCATED  AT  LEAST
 FIFTY  FEET  FROM ANY FIELD OR SITE, EXCEPT FOR ENCLOSED FACILITIES SUCH
 AS GREENHOUSES, WHICH MAY BE TREATED WITH PESTICIDES.  EXISTING  HOUSING
 WHICH  DOES NOT COMPLY WITH THIS PARAGRAPH SHALL BE REPLACED WITHIN FIVE
 YEARS OR CEASE TO BE USED AFTER THAT TIME.
   2. THE DEPARTMENT SHALL ISSUE AN ANNUAL REPORT OF ALL FARM INSPECTIONS
 ON OR BEFORE MARCH FIRST TO THE GOVERNOR AND  THE  LEGISLATURE  FOR  THE
 PREVIOUS  CALENDAR  YEAR,  INCLUDING  COMPLIANCE  WITH  THE REQUIREMENTS
 CONTAINED IN THIS SECTION; ENFORCEMENT ACTIONS, FINES AND PENALTIES  FOR
 NON-COMPLIANCE  RESULTING  FROM SUCH INSPECTIONS; AND PESTICIDE EXPOSURE
 OR CONTAMINATION REPORTS SUBMITTED TO THE DEPARTMENT.
   § 2. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.