BILL NUMBER: S1721

SPONSOR: RAMOS
 
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 profi-
              

ciency.

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.

 
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 docu-
ments 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 layperson to unders tand, 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 signif-
icantly improved. If enacted, this bill would remedy many existing defi-
ciencies in communication and information for the LEP population that
presently impede their access to benefits provided by law.

 
PRIOR LEGISLATIVE HISTORY:

2018: S.5356-A Referred to Labor

2017: S.5356-A Passed Labor Committee, Committed to Rules Committee

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

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