BILL NUMBER: S1022A

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 New York State Workers Compensation Board
to provide interpretation services and translate all documents and forms
into the ten 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 one of the bill requires the New York State Workers' Compen-
sation Board ("the Board") to provide translations of all documents and
forms used by or issued to injured employees in the ten most common
              

non-English languages spoken by individuals with limited-English profi-
ciency. The Board would also be required to provide interpretation
services to injured employees with respect to its provision of services,
information and/or benefits.

This bill also 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. Such language access coordinator would be tasked with
monitoring the Board's compliance by annually collecting data on the
availability of translated materials, whether signage is properly posted
and other relevant measures.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

The amended version increases the number of languages that documents and
forms must be translated into, from six to ten.

 
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 interpreta-
tion 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 compli-
cated area of law, and hearings employ a high amount of technical legal
language and acronyms. WCB proceedings can be challenging for any
layperson to understand, and lack of language access further complicate
claimants' ability to understand 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:

None to the State.

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