S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4948
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               April 2, 2019
                                ___________
 
 Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Labor
 
 AN ACT to amend the workers' compensation law and the public health law,
   in relation to  occupational  safety  and  health  prevention  centers
   located  at  the city university of New York Barry Commoner Center for
   Health and Environment and the occupational health clinical center  at
   the Upstate Medical University of the state university of New York
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 3 of section 151 of the  workers'  compensation
 law,  as  amended by section 1 of subpart J of part NNN of chapter 59 of
 the laws of 2017, is amended to read as follows:
   3. The chair and department of audit and control annually as  soon  as
 practicable  after  the  first of April of each year shall ascertain the
 actual total amount of expenses, including in  addition  to  the  direct
 costs  of  personal  service, the cost of maintenance and operation, the
 cost of retirement contributions made and workers' compensation premiums
 paid by the state for or on account  of  personnel,  rentals  for  space
 occupied  in  state owned or state leased buildings, such additional sum
 as may be certified to the chair and the department of audit and control
 as a reasonable compensation for services rendered by the department  of
 law  and  expenses  incurred  by  such department, for transfer into the
 training and educational program on occupational safety and health  fund
 created  pursuant  to  chapter  eight  hundred eighty-six of the laws of
 nineteen hundred eighty-five and section  ninety-seven-c  of  the  state
 finance law, for the New York state occupational health clinics network,
 for  the department of labor occupational safety and health program, THE
 OCCUPATIONAL SAFETY AND HEALTH PREVENTION CENTERS PURSUANT TO TITLE  SIX
 OF  ARTICLE TWENTY-NINE-D OF THE PUBLIC HEALTH LAW and for transfer into
 the uninsured employers' fund pursuant to  subdivision  two  of  section
 twenty-six-a  of  this  chapter, and all other direct or indirect costs,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01114-01-9

 S. 4948                             2
 
 incurred by the board in connection  with  the  administration  of  this
 chapter, except those expenses for which an assessment is authorized for
 self-insurance  pursuant  to  subdivision  five of section fifty of this
 chapter.  Assessments  pursuant to subparagraph four of paragraph (h) of
 subdivision eight of section fifteen of this  chapter  for  the  special
 disability  fund,  pursuant  to  section fifty-c of this chapter for the
 self insurer offset fund, pursuant to subdivision three of section twen-
 ty-five-a of this chapter for the fund for reopened cases, and  pursuant
 to section two hundred fourteen of this chapter for the special fund for
 disability  benefits  shall  be included in the total amount of expenses
 for the purposes of this subdivision. Any overpayment of annual  assess-
 ments  resulting  from  the  requirements  of  this subdivision shall be
 applied as a credit against the future assessment rate provided the fund
 balance shall not be reduced below five  percent  of  the  total  amount
 assessed.  FOR  THE  NEW YORK STATE OCCUPATIONAL HEALTH CLINICS NETWORK,
 THE DEPARTMENT OF LABOR OCCUPATIONAL SAFETY AND HEALTH PROGRAM, AND  THE
 OCCUPATIONAL  SAFETY AND HEALTH PREVENTION CENTERS PURSUANT TO TITLE SIX
 OF ARTICLE TWENTY-NINE-D OF THE  PUBLIC  HEALTH  LAW,  THE  STATE  SHALL
 APPROPRIATE  FUNDS ANNUALLY IN AN AMOUNT NOT LESS THAN THE AMOUNT APPRO-
 PRIATED AND MADE AVAILABLE IN THE PREVIOUS STATE FISCAL YEAR;  PROVIDED,
 HOWEVER,  THAT IF THE GOVERNOR DECLARES A FISCAL EMERGENCY, AND COMMUNI-
 CATES SUCH EMERGENCY TO THE TEMPORARY PRESIDENT OF THE SENATE AND SPEAK-
 ER OF THE ASSEMBLY, STATE SUPPORT FOR THESE PROGRAMS MAY BE REDUCED IN A
 MANNER PROPORTIONATE TO ONE ANOTHER, AND  THE  AFOREMENTIONED  APPROPRI-
 ATION PROVISIONS SHALL NOT APPLY.
   §  2. Article 29-D of the public health law is amended by adding a new
 title 6 to read as follows:

                                  TITLE 6
             OCCUPATIONAL SAFETY AND HEALTH PREVENTION CENTERS
 SECTION 2999-M-1. OCCUPATIONAL SAFETY AND HEALTH PREVENTION CENTERS.
         2999-M-2. PURPOSE OF CENTERS.
         2999-M-3. PREVENTION DATA ANALYSIS AND DISSEMINATION.
         2999-M-4. IMMIGRANT AND VULNERABLE WORK FORCE.
         2999-M-5. SECONDARY PREVENTION OF OCCUPATIONAL DISEASES.
   § 2999-M-1. OCCUPATIONAL SAFETY AND HEALTH PREVENTION CENTERS.   THERE
 ARE  HEREBY  ESTABLISHED  TWO  OCCUPATIONAL SAFETY AND HEALTH PREVENTION
 CENTERS REFERRED TO IN THIS TITLE AS "THE PREVENTION CENTERS".  ONE SUCH
 CENTER SHALL BE LOCATED AT THE CITY UNIVERSITY OF NEW YORK BARRY COMMON-
 ER CENTER FOR HEALTH AND ENVIRONMENT, AND THE OTHER SHALL BE LOCATED  AT
 THE OCCUPATIONAL HEALTH CLINICAL CENTER AT THE UPSTATE MEDICAL UNIVERSI-
 TY OF THE STATE UNIVERSITY OF NEW YORK.
   §  2999-M-2. PURPOSE OF CENTERS. THE PURPOSE OF THE PREVENTION CENTERS
 IS TO IDENTIFY, PROMOTE AND IMPLEMENT  STRATEGIES  THROUGHOUT  NEW  YORK
 STATE  TO  PREVENT OCCUPATIONAL ILLNESSES AND INJURIES AND THEIR RELATED
 MORTALITY AND DISABILITY.
   §  2999-M-3.  PREVENTION  DATA  ANALYSIS  AND  DISSEMINATION.      THE
 PREVENTION  CENTERS  WILL  IDENTIFY,  ACCESS  AND  ANALYZE ALL AVAILABLE
 FEDERAL, STATE AND LOCAL GOVERNMENT COLLECTED  OCCUPATIONAL  HEALTH  AND
 HAZARD  DATA  RELEVANT  TO  NEW YORK STATE IN ORDER TO IDENTIFY OPPORTU-
 NITIES TO IMPLEMENT PREVENTION STRATEGIES. THESE ANALYSES WILL FORM  THE
 BASIS  FOR  DEVELOPING PREVENTION PROJECTS WITH LABOR, BUSINESS, GOVERN-
 MENT AND OTHER STAKEHOLDERS IN ORDER TO PREVENT OCCUPATIONAL INJURY  AND
 ILLNESSES.
   §  2999-M-4.  IMMIGRANT  AND  VULNERABLE  WORK  FORCE.  THE PREVENTION
 CENTERS WILL INVESTIGATE THE OCCUPATIONAL HEALTH AND  HAZARDS  TO  IMMI-

 S. 4948                             3
 
 GRANT  WORKERS AND OTHER WORKERS WHO ARE ENGAGED IN TEMPORARY OR CONTIN-
 GENT WORK IN NEW YORK STATE AND  IDENTIFY  OPPORTUNITIES  IN  EDUCATION,
 RESEARCH,  AND POLICY TO ADDRESS THOSE HAZARDS IN COLLABORATION WITH ALL
 RELEVANT STAKEHOLDERS.
   §  2999-M-5. SECONDARY PREVENTION OF OCCUPATIONAL DISEASES. IN VIEW OF
 THE PREVENTION COMPONENTS REQUIRED OF HEALTH INSURANCE PLANS  UNDER  THE
 AFFORDABLE  CARE  AND  PATIENT  PROTECTION  ACT  OF 2010, THE PREVENTION
 CENTERS WILL EDUCATE, PROMOTE, AND ADVOCATE FOR THE EARLY  DETECTION  OF
 OCCUPATIONAL  ILLNESSES  AND  INJURIES  THROUGH  IMPROVED UTILIZATION OF
 MANDATED PREVENTIVE SERVICES. IN  COLLABORATION  WITH  THE  OCCUPATIONAL
 HEALTH CLINIC NETWORK AND OTHER RELEVANT PARTIES, THE PREVENTION CENTERS
 WILL  DEVELOP  AND IMPLEMENT A STRATEGY TO IDENTIFY, NOTIFY, AND RECRUIT
 WORKERS AT HIGH RISK OF LUNG CANCER DUE TO PAST EXPOSURES  TO  ASBESTOS,
 SILICA,  DIESEL EXHAUST, BERYLLIUM AND OTHER LUNG CARCINOGENS TO FACILI-
 TATE THEIR PARTICIPATION IN LOW  DOSE  CT  SCANNING  PROGRAMS  FOR  LUNG
 CANCER SCREENING IN NEW YORK STATE.
   §  3. Section 2490 of the public health law, as amended by chapter 139
 of the laws of 2008, is amended to read as follows:
   § 2490. Oversight committee. 1. There is hereby established the  occu-
 pational health clinics AND PREVENTION CENTERS oversight committee to be
 comprised  of the following persons or their designees: the commissioner
 of health; the commissioner of labor; the chairperson  of  the  workers'
 compensation  board;  six persons appointed by the governor, one of whom
 shall be on nomination of the New  York  state  American  federation  of
 labor-congress  of industrial organizations, and one of whom shall be on
 the nomination of the business council of the state  of  New  York;  two
 persons  appointed by the temporary president of the senate; two persons
 appointed by the speaker of the assembly; one person  appointed  by  the
 minority  leader  of the senate and one person appointed by the minority
 leader of the assembly. The governor shall designate a chairperson  from
 among  the  members  of the committee. The initial appointments shall be
 made on or before September first, two thousand eight.
   2. The committee shall meet at least four times a year. Special  meet-
 ings may be called by the chairperson.
   3.  Members  of  the oversight committee shall receive no compensation
 for their services, but shall be  allowed  their  actual  and  necessary
 expenses incurred in the performance of their duties hereunder.
   4.  Vacancies  shall  be  filled  in  the  same manner as the original
 appointments.
   5. The committee shall make recommendations to the  governor  and  the
 legislature  on  or  before  [September  thirtieth,  two thousand nine,]
 DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY regarding:
   (a) statewide needs to be met by the [network] PREVENTION CENTERS;
   (b) coordination of clinic AND PREVENTION CENTER activities with  not-
 for-profit,  private  sector  concerns and state agencies, including but
 not limited to an evaluation of  current  jurisdictional  and  oversight
 responsibilities;
   (c) coordination and sharing of clinic resources and services;
   (d) dissemination of research results and educational information;
   (e)  identification  of funding sources for the PREVENTION CENTERS AND
 THE network;
   (f) the activities of the clinics AND  PREVENTION  CENTERS  and  their
 effectiveness  in  meeting the objectives as set forth in statute and in
 clinic specific contracts with the state;
   (g) local, regional, occupation or business sector specific needs that
 may be met by one or more clinic OR PREVENTION CENTER;

 S. 4948                             4
 
   (h) other issues as determined by the oversight committee; and
   (i)  incorporation  of  provisions to implement its recommendations in
 requests for applications of state funding for occupational health clin-
 ics AND PREVENTION CENTERS.
   § 4. Section 2490-a of the public health law, as added by chapter  139
 of the laws of 2008, is amended to read as follows:
   §  2490-a.  Occupational  health clinic AND PREVENTION CENTER advisory
 committees. The chief executive officer of every clinic in  the  occupa-
 tional  health  clinic  network  AND  PREVENTION CENTER shall convene an
 advisory committee consisting of two local representatives each of busi-
 ness, labor unions, public health agencies and  community  groups  which
 shall  be  selected in consultation with the occupational health clinics
 AND PREVENTION CENTERS oversight committee. The oversight committee will
 assist in the development of policies, the creation  and  implementation
 of  a targeted outreach plan for working with business, unions and work-
 ers, an assessment of clinic-specific funding needs and potential  fund-
 ing sources, and overall guidance for the clinics AND PREVENTION CENTERS
 on an ongoing basis.
   § 5. This act shall take effect on the thirtieth day following a first
 appropriation  for  the  prevention  centers  for  a  state fiscal year;
 provided that the commissioner of health shall  notify  the  legislative
 bill  drafting  commission  upon the occurrence of such appropriation in
 order that the commission may maintain an accurate and timely  effective
 data  base  of the official text of the laws of the state of New York in
 furtherance of effectuating the provisions of section 44 of the legisla-
 tive law and section 70-b of the public officers law.