BILL NUMBER: S5254

SPONSOR: RYAN C
 
TITLE OF BILL:

An act to amend the labor law, in relation to protecting certain employ-
ees from a reduction of wages due to their involvement in the investi-
gation of a violation of a workplace violence protection program

 
PURPOSE OR GENERAL IDEA OF BILL:

To ensure public sector employees participating in a mandated workplace
violence inspection, risk evaluation and determination inspection, or an
annual program review are entitled to do so without the loss of wages.

 
SUMMARY OF PROVISIONS:

Section 1 amends section 27-b of the Labor Law to explicitly authorize
employees to accompany the commissioner of labor during a workplace
violence inspection, participate in a risk evaluation and determination
inspection, and an annual program review without a reduction in wages.

              

Section 2 sets forth the effective date.

 
JUSTIFICATION:

Section 27-B of the Labor Law creates a duty for public employers to
develop and implement programs to prevent workplace violence. The law is
modeled on section 27-A of the labor law, which contains safety and
health standards for public employers. Ensuring a worksite free of
violence is critical to ensure the safety of employees and clients who
may be on site. The Workplace Violence Prevention Act has created a
collaborative labor-management effort to further this goal.  Employee
involvement during site visits is critical to ensure that the concerns
of employees are acknowledged.

Until recently, it was understood by employers and employees that § 27-B
allowed employees to 1) accompany the Commissioner of the Department of
Labor, or their representative, during a site investigation; 2) partic-
ipating in an onsite risk evaluation and determination inspection; and
3) participate in an annual workplace violence program review without
the loss of pay. However, some employers have changed their interpreta-
tion and are now requiring employees to charge accruals to participate
in these workplace violence prevention activities.

This legislation would modify this section of law to explicitly state
that employees who are on a site visit for an alleged violation, are
participating in an onsite risk evaluation and determination inspection
or are involved with an annual workplace violence program review will
not suffer any loss of wages due to their participation.  This change
will continue the long-standing practice and allow employees to continue
to bring unsafe working conditions to light without fear of retribution
or loss of pay.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS
None.

 
EFFECTIVE DATE:
This act shall take effect immediately.