S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5361
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 16, 2021
                                ___________
 
 Introduced  by  M. of A. CRUZ -- read once and referred to the Committee
   on Labor
 
 AN ACT to amend the labor law, in relation to the prevention of  employ-
   ees being exposed to excessive heat
 
   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  218-b  to
 read as follows:
   § 218-B. PREVENTION OF OCCUPATIONAL EXPOSURE TO EXCESSIVE HEAT. 1. FOR
 PURPOSES  OF  THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
 MEANINGS:
   (A) "COVERED EMPLOYEE" SHALL MEAN AN INDIVIDUAL EMPLOYED BY A  COVERED
 EMPLOYER.
   (B) "COVERED EMPLOYER" SHALL MEAN AN EMPLOYER THAT EMPLOYS AN INDIVID-
 UAL  TO  WORK  AT  A  COVERED  WORKPLACE  AND SHALL INCLUDE CONTRACTORS,
 SUBCONTRACTORS, TEMPORARY SERVICE FIRMS AND EMPLOYEE LEASING ENTITIES.
   (C) "COVERED WORKPLACE" SHALL MEAN A WORKPLACE  WHERE  WORK  PRIMARILY
 INVOLVES THE DELIVERY OF GOODS AND SERVICES TO CONSUMERS OR BUSINESSES.
   (D)  "EMPLOYER"  SHALL HAVE THE SAME MEANING AS DEFINED IN SECTION ONE
 HUNDRED NINETY OF THIS CHAPTER.
   (E) "EXCESSIVE HEAT" SHALL MEAN OUTDOOR AND INDOOR EXPOSURE TO HEAT AT
 LEVELS THAT EXCEED THE CAPACITIES OF THE HUMAN BODY TO  MAINTAIN  NORMAL
 BODY  FUNCTIONS  AND MAY CAUSE HEAT-RELATED INJURY, ILLNESS OR FATALITY,
 INCLUDING, BUT NOT  LIMITED  TO,  HEAT  STROKE,  HEAT  EXHAUSTION,  HEAT
 SYNCOPE, HEAT CRAMPS AND HEAT RASHES.
   2.  THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF HEALTH,
 SHALL CREATE REGULATIONS WHICH SHALL:
   (A) ESTABLISH  HIGH  HEAT  TEMPERATURE  MAXIMUM  EXPOSURE  LEVELS  FOR
 COVERED  EMPLOYEES  WHICH,  IF EXCEEDED, SHALL TRIGGER ACTION TO PROTECT
 COVERED EMPLOYEES FROM HEAT-RELATED ILLNESS; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01156-03-1
              

 A. 5361                             2
 
   (B)  ENSURE  ALL  COVERED  EMPLOYERS  COMPLY  WITH  THE   REQUIREMENTS
 DESCRIBED  IN  THIS  SECTION  WITH  RESPECT  TO OCCUPATIONAL EXPOSURE TO
 EXCESSIVE HEAT.
   3.  (A)  A  COVERED  EMPLOYER SHALL DEVELOP, IMPLEMENT AND MAINTAIN AN
 EFFECTIVE WRITTEN EXCESSIVE HEAT-RELATED  ILLNESS  PREVENTION  PLAN  FOR
 COVERED EMPLOYEES, WHICH SHALL:
   (1)  BE DEVELOPED AND IMPLEMENTED WITH THE MEANINGFUL PARTICIPATION OF
 COVERED EMPLOYEES, EMPLOYEE REPRESENTATIVES  AND  COLLECTIVE  BARGAINING
 REPRESENTATIVES, WHERE APPLICABLE, FOR ALL ASPECTS OF THE PLAN;
   (2) BE TAILORED AND SPECIFIC TO HAZARDS IN THE COVERED WORKPLACE;
   (3) BE IN WRITING, IN ENGLISH AND IN THE LANGUAGE UNDERSTOOD BY ALL OF
 ITS  EMPLOYEES,  IF  SUCH  LANGUAGE  IS NOT ENGLISH AND THE COMMISSIONER
 SHALL MAKE SUCH PLAN AVAILABLE TO EMPLOYERS IN THE  TRANSLATIONS  NEEDED
 AND AS REQUESTED BY EMPLOYERS AND SHALL MAKE SUCH TRANSLATIONS AVAILABLE
 ON  THE  DEPARTMENT'S  WEBSITE  FOR  EACH LANGUAGE REQUIRED BY EXECUTIVE
 ORDER UNDER LANGUAGE ACCESS DIRECTIVES; AND
   (4) BE MADE AVAILABLE, UPON REQUEST, TO SUCH EMPLOYEES,  THE  EMPLOYEE
 REPRESENTATIVES FOR SUCH EMPLOYEES, THE COMMISSIONER AND THE COMMISSION-
 ER OF PUBLIC HEALTH.
   (B)  EACH  EXCESSIVE  HEAT-RELATED  ILLNESS  PREVENTION  PLAN REQUIRED
 PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION SHALL  INCLUDE  PROCEDURES
 AND METHODS FOR THE FOLLOWING:
   (1)  INITIAL  AND  REGULAR  MONITORING OF EMPLOYEE EXPOSURE TO HEAT TO
 DETERMINE WHETHER AN EMPLOYEE'S EXPOSURE HAS BEEN EXCESSIVE;
   (2) PROVISION OF POTABLE WATER WITH A TEMPERATURE OF LESS THAN FIFTEEN
 DEGREES CELSIUS OR FIFTY-NINE DEGREES FAHRENHEIT;
   (3) PAID REST BREAKS AND ACCESS TO SHADE, COOL-DOWN AREAS  OR  CLIMATE
 CONTROLLED SPACES;
   (4)  EMERGENCY  RESPONSE FOR ANY EMPLOYEE WHO HAS SUFFERED INJURY AS A
 RESULT OF BEING EXPOSED TO EXCESSIVE HEAT;
   (5) ACCLIMATIZATION TO AREAS WHERE EXPOSURE TO HEAT IS PRESENT;
   (6) TIME LIMITATIONS FOR HOW LONG AN EMPLOYEE MAY BE EXPOSED  TO  HEAT
 DURING THE WORK DAY;
   (7)  A HEAT ALERT PROGRAM IMPLEMENTED TO PROVIDE NOTIFICATION WHEN THE
 NATIONAL WEATHER SERVICE OR OTHER COMPETENT  WEATHER  SERVICE  FORECASTS
 THAT  A  HEAT WAVE IS LIKELY TO OCCUR IN THE FOLLOWING DAY OR DAYS. SUCH
 PROGRAM SHALL INCLUDE, BUT NOT BE LIMITED TO, THE  FOLLOWING  PROCEDURES
 TO BE FOLLOWED WHEN AN ALERT HAS BEEN ISSUED:
   (I) POSTPONING TASKS THAT ARE NOT URGENT UNTIL SUCH HEAT WAVE IS OVER;
   (II)  INCREASING  THE  TOTAL NUMBER OF WORKERS IN ORDER TO REDUCE EACH
 WORKER'S HEAT EXPOSURE;
   (III) INCREASING REST ALLOWANCES;
   (IV) REMINDING WORKERS TO DRINK LIQUIDS IN SMALL AMOUNTS FREQUENTLY TO
 PREVENT DEHYDRATION; AND
   (V) TO THE EXTENT PRACTICABLE, MONITORING OF THE ENVIRONMENTAL HEAT AT
 JOB SITES AND RESTING PLACES;
   (8) HAZARD PREVENTION, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING:
   (I) ENGINEERING CONTROLS INCLUDING, BUT NOT LIMITED TO, THE  ISOLATION
 OF HOT PROCESSES, THE ISOLATION OF EMPLOYEES FROM SOURCES OF HEAT, LOCAL
 EXHAUST  VENTILATION,  SHIELDING  FROM  A RADIANT HEAT SOURCE, THE INSU-
 LATION OF HOT SURFACES,  AIR  CONDITIONING,  COOLING  FANS,  EVAPORATIVE
 COOLERS AND NATURAL VENTILATION;
   (II)  ADMINISTRATIVE  CONTROLS  THAT  LIMIT  EXPOSURE  TO  A HAZARD BY
 ADJUSTMENT OF WORK PROCEDURES OR  WORK  SCHEDULES,  INCLUDING,  BUT  NOT
 LIMITED TO, ACCLIMATIZING EMPLOYEES, ROTATING EMPLOYEES, SCHEDULING WORK
 EARLIER  OR  LATER  IN THE DAY, USING WORK-REST SCHEDULES, REDUCING WORK

 A. 5361                             3
 
 INTENSITY OR SPEED, CHANGING REQUIRED WORK  CLOTHING  AND  USING  RELIEF
 WORKERS; AND
   (III)  PERSONAL  PROTECTIVE  EQUIPMENT  INCLUDING, BUT NOT LIMITED TO,
 WATER-COOLED GARMENTS,  AIR-COOLED  GARMENTS,  REFLECTIVE  CLOTHING  AND
 COOLING VESTS;
   (9)  COORDINATION  OF  RISK  ASSESSMENT EFFORTS, PLAN DEVELOPMENT, AND
 IMPLEMENTATION WITH OTHER EMPLOYERS WHO HAVE EMPLOYEES  WHO  WORK  AT  A
 COVERED WORKPLACE; AND
   (10)  ALLOWING  FOR  EMPLOYEES  TO CONTACT THEIR EMPLOYER DIRECTLY AND
 EFFICIENTLY TO COMMUNICATE IF SUCH EMPLOYEE FEELS LIKE THEY ARE  SUFFER-
 ING FROM A HEAT-RELATED ILLNESS.
   4.  THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF HEALTH,
 SHALL REQUIRE A COVERED EMPLOYER TO PROVIDE ANNUAL TRAINING  AND  EDUCA-
 TION  TO COVERED EMPLOYEES WHO MAY BE EXPOSED TO HIGH HEAT LEVELS, WHICH
 SHALL COVER THE FOLLOWING:
   (A) IDENTIFIED HEAT-RELATED ILLNESS RISK FACTORS;
   (B) PERSONAL FACTORS THAT MAY INCREASE SUSCEPTIBILITY TO  HEAT-RELATED
 ILLNESS;
   (C) SIGNS AND SYMPTOMS OF HEAT-RELATED ILLNESS;
   (D) DIFFERENT TYPES OF HEAT-RELATED ILLNESS;
   (E) THE IMPORTANCE OF ACCLIMATIZATION AND CONSUMPTION OF FLUIDS;
   (F) AVAILABLE ENGINEERING CONTROL MEASURES;
   (G) ADMINISTRATIVE CONTROL MEASURES;
   (H)  THE  IMPORTANCE  OF REPORTING HEAT-RELATED SYMPTOMS BEING EXPERI-
 ENCED BY THE EMPLOYEE OR ANOTHER EMPLOYEE;
   (I) RECORDKEEPING REQUIREMENTS AND REPORTING PROCEDURES;
   (J) EMERGENCY RESPONSE PROCEDURES; AND
   (K) EMPLOYEE RIGHTS.
   5. IN ADDITION TO THE TRAINING AND EDUCATION REQUIRED  BY  SUBDIVISION
 FOUR  OF  THIS  SECTION,  TRAINING  AND  EDUCATION  SHALL BE PROVIDED TO
 COVERED EMPLOYEES WHO ARE SUPERVISORS THAT  SHALL  COVER  THE  FOLLOWING
 TOPICS:
   (A)  PROPER  PROCEDURE  A  SUPERVISOR IS REQUIRED TO FOLLOW UNDER THIS
 SECTION WITH RESPECT TO THE PREVENTION OF EMPLOYEE EXPOSURE TO EXCESSIVE
 HEAT;
   (B) RECOGNIZING HIGH-RISK SITUATIONS, INCLUDING, BUT NOT  LIMITED  TO,
 HOW  TO MONITOR WEATHER REPORTS AND WEATHER ADVISORIES AND NOT ASSIGNING
 AN EMPLOYEE TO SITUATIONS THAT PREDICTABLY COMPROMISE THE SAFETY OF  THE
 EMPLOYEE; AND
   (C)  PROPER  PROCEDURE  TO  FOLLOW  WHEN AN EMPLOYEE EXHIBITS SIGNS OR
 REPORTS SYMPTOMS CONSISTENT WITH POSSIBLE HEAT-RELATED ILLNESS,  INCLUD-
 ING EMERGENCY RESPONSE PROCEDURES;
   6.  (A)  APPLICABLE  EDUCATION AND TRAINING SHALL BE PROVIDED FOR EACH
 NEW COVERED EMPLOYEE PRIOR TO THE EMPLOYEE'S JOB ASSIGNMENT.
   (B) THE EDUCATION AND TRAINING REQUIRED BY SUBDIVISIONS FOUR AND  FIVE
 OF THIS SECTION SHALL:
   (1) PROVIDE EMPLOYEES OPPORTUNITIES TO ASK QUESTIONS, PROVIDE FEEDBACK
 AND REQUEST ADDITIONAL INSTRUCTION, CLARIFICATION OR OTHER FOLLOW-UP;
   (2) BE PROVIDED IN-PERSON AND BY AN INDIVIDUAL WITH KNOWLEDGE OF HEAT-
 RELATED  ILLNESS  PREVENTION  AND OF THE PLAN OF THE EMPLOYER UNDER THIS
 SECTION; AND
   (3) BE APPROPRIATE IN CONTENT AND VOCABULARY TO THE  LANGUAGE,  EDUCA-
 TIONAL LEVEL AND LITERACY OF THE COVERED EMPLOYEES.
   7. EACH COVERED EMPLOYER SHALL:
   (A) MAINTAIN AT ALL TIMES:

 A. 5361                             4
 
   (1)  RECORDS  RELATED TO EACH PLAN OF THE EMPLOYER, INCLUDING HEAT-RE-
 LATED ILLNESS RISK AND HAZARD  ASSESSMENTS  AND  IDENTIFICATION,  EVALU-
 ATION, CORRECTION AND TRAINING PROCEDURES;
   (2) DATA ON ALL HEAT-RELATED ILLNESSES AND DEATHS; AND
   (3)  DATA  ON  ENVIRONMENTAL AND PHYSIOLOGICAL MEASUREMENTS RELATED TO
 HEAT; AND
   (B) MAKE SUCH RECORDS AND DATA  AVAILABLE  UPON  REQUEST,  TO  COVERED
 EMPLOYEES  AND  THEIR  REPRESENTATIVES, THE COMMISSIONER AND THE COMMIS-
 SIONER OF HEALTH FOR EXAMINATION AND COPYING.
   8. (A) EACH COVERED EMPLOYER SHALL  ADOPT  A  POLICY  PROHIBITING  ANY
 PERSON,  INCLUDING  AN  AGENT  OF  THE  EMPLOYER, FROM DISCRIMINATING OR
 RETALIATING AGAINST AN EMPLOYEE FOR:
   (1) EXERCISING THE RIGHTS OF THE EMPLOYEE UNDER THIS ACT; OR
   (2) REPORTING VIOLATIONS OF THIS SECTION TO ANY STATE, LOCAL OR FEDER-
 AL GOVERNMENT.
   (B) NO COVERED EMPLOYER SHALL DISCRIMINATE  OR  RETALIATE  AGAINST  AN
 EMPLOYEE FOR:
   (1) REPORTING A HEAT-RELATED ILLNESS CONCERN TO, OR SEEKING ASSISTANCE
 OR  INTERVENTION  WITH  RESPECT TO HEAT-RELATED HEALTH SYMPTOMS FROM THE
 EMPLOYER, LOCAL EMERGENCY SERVICES OR A STATE, LOCAL OR FEDERAL  GOVERN-
 MENT; OR
   (2) EXERCISING ANY OTHER RIGHTS OF THE EMPLOYEE UNDER THIS SECTION.
   9.  THE  DEPARTMENT  SHALL  CREATE  AND  PUBLISH  A MODEL HEAT-RELATED
 ILLNESS PREVENTION PLAN THAT EMPLOYERS MAY UTILIZE IN THEIR ADOPTION  OF
 A  HEAT-RELATED  ILLNESS  PREVENTION  PLAN REQUIRED BY THIS SECTION, THE
 MODEL HEAT-RELATED ILLNESS PREVENTION  PLAN  CAN  BE  THE  PLAN  ALREADY
 DEVELOPED  AND  AVAILABLE  ONLINE BY THE FEDERAL OCCUPATIONAL SAFETY AND
 HEALTH ADMINISTRATION (OSHA).
   10. NOTHING IN THIS SECTION SHALL BE DEEMED TO  DIMINISH  THE  RIGHTS,
 PRIVILEGES,  OR REMEDIES OF ANY EMPLOYEE UNDER ANY COLLECTIVE BARGAINING
 AGREEMENT TO THE CONTRARY. AN EMPLOYER MAY  IMPLEMENT  PROVISIONS  WHICH
 ARE MORE OR LESS GENEROUS THAN THE PROVISIONS OF THIS SECTION RELATED TO
 EXPOSURE  TO  HEAT,  WHEN SUCH IMPLEMENTATION IS PURSUANT TO AGREED-UPON
 PROVISIONS OF A COLLECTIVE BARGAINING AGREEMENT.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.