* § 789. Injury reduction program. 1. Every employer subject to this
section shall establish and implement an injury reduction program
designed to identify and minimize the risks of musculoskeletal injuries
and disorders among workers involved in performing manual materials
handling tasks. The program shall include: worksite evaluation; control
of exposures, including pace, which have caused or have the potential to
cause musculoskeletal injuries and disorders; employee training; on-site
medical and first aid practices; and employee involvement.

2. The employer shall ensure that each job, process, or operation of
work activity covered by this section or a representative number of such
jobs, processes, or operations of identical work activities shall have a
written work site evaluation by a qualified ergonomist for risk factors
which have or are likely to cause musculoskeletal injuries and
disorders. Such risk factors shall include, but are not limited to,
rapid pace, forceful exertions, repetitive motions, twisting, bending,
and awkward postures and combinations thereof that had caused or are
likely to cause musculoskeletal injuries and disorders.

(a) Any worksite evaluations shall also determine whether any
employees exposed to such risk factors are subject to either personnel
action with the potential for adverse action, or adverse action or
termination themselves, arising in whole or in part from an employer's
use of quotas to determine employee assignments.

(b) All such worksite evaluations shall obtain recommendations from
workers who regularly perform those jobs on the possible risk factors
and any workplace changes that can reduce such risk factors.

(c) Copies of such worksite risk factor evaluations shall be made
available to workers and their representatives upon request, at no cost,
within one business day of such request. Workers and their
representatives shall be notified in writing of the results of the
worksite evaluation. Employers shall maintain accessible copies of such
evaluations at locations within the warehouse and shall make such copies
readily available to workers.

** (d) An initial worksite evaluation shall be conducted. Worksite
evaluations shall be reviewed and updated at least annually. A new
analysis of risk factors shall be conducted in accordance with the
provisions of subdivision one of this section whenever a new job,
process, or operation is introduced which could increase the risk
factors for musculoskeletal injuries and disorders. Such new analysis
shall be conducted within thirty days of the creation or change of a
job, process or operation.

** NB Effective June 19, 2025

** (e) The commissioner shall form a task force chaired by a
recognized academic leader in the field of ergonomics in New York state
and including, but not limited to, representatives from the warehouse
workforce, labor organizations active in the warehousing industry, and
employers in the industry, to recommend the core competencies required
for the certification of qualified ergonomists, as well as standardized
worksite evaluations and controls.

** NB Effective February 19, 2025

** (f) The commissioner shall adopt a standard and process for
certifying qualified ergonomists, as well as standardized worksite
evaluations and controls, based on the recommendations of the task
force.

** NB Effective February 19, 2025

3. The employer shall correct in a timely manner any risk factors
identified as having caused or being likely to cause musculoskeletal
injuries and disorders. For any corrections which require more than
thirty days to complete, the employer shall revise, as needed, and
provide a schedule for such proposed corrections. Such schedule shall be
included in the evaluations provided to workers and their
representatives.

(a) Where the employer demonstrates that it is unable to eliminate
identified risk factors, the employer shall minimize the exposures to
the extent feasible.

(b) In reducing risk factors, the employer shall consider:

(i) engineering controls and redesigning work stations to change
shelving heights, provide adjustable fixtures or tool redesign; and

(ii) administrative controls, such as job rotation which reduces the
exposure to risk factors, reduced work pacing or additional work breaks.

(c) Employers shall maintain records of steps taken to eliminate or
reduce risk factors and shall make copies available to workers and their
representatives upon request.

** 4. All employers covered by this section shall provide injury
reduction training to all employees involved in performing manual
materials handling jobs and tasks at the warehouse during normal work
hours and without suffering a loss of pay. Such training shall be
provided in a language and vocabulary that the workers understand and
shall be repeated annually. The training shall also be provided to the
workers' supervisors. Such training shall be in addition to the training
required under section twenty-seven-d of this chapter and shall include:

(a) The early symptoms of musculoskeletal injuries and disorders and
the importance of early detection;

(b) Musculoskeletal injury and disorder risk factors and exposures at
work, including the hazards posed by excessive rates of work;

(c) Methods to reduce risk factors for musculoskeletal injuries and
disorders, including both engineering controls and administrative
controls, such as limitations on work pace and increased scheduled and
unscheduled breaks;

(d) The employer's program to identify risk factors as required under
this section and prevent musculoskeletal injuries and disorders,
including the summary protocols for medical treatment approved by the
employer's medical consultant;

(e) The rights and function of workplace safety committees established
under section twenty-seven-d of this chapter and the rights of employees
to report any risk factors, other hazards, injuries or health and safety
concerns; and

(f) Training on the unlawful retaliation of any provision in this
section, including the disciplinary actions required when supervisors or
managers violate the law or policy, as well as the employer's policy
prohibiting any workplace discrimination.

** NB Effective February 19, 2025

** 5. Any on-site medical office or first aid station that sees
workers in warehouses covered by this section with symptoms of
musculoskeletal injuries and disorders shall be staffed with medical
professionals operating within their legal scope of practice. Nothing in
this section shall infringe on the rights of workers under the opening
paragraph of subdivision (a) of section thirteen of the workers'
compensation law to either select an authorized physician to treat
employees and render medical care or to select the continuance of any
medical treatment or care by an authorized physician selected by the
employee. All examinations and treatments by any medical personnel
employed or selected by the employer under section seven hundred
eighty-one of this article shall be performed for the purposes of the
injury reduction program and shall not interfere with the rights of
employees to receive any medical treatment or any other benefits under
the workers' compensation law.

(a) Employers shall ensure that staffing and the practice of any first
aid or medical station meets state requirements for physician
supervision of nurses, emergency medical technicians or other
non-physician personnel.

(b) In all warehouses with on-site medical or first aid providers for
the treatment of musculoskeletal injuries and disorders, the employer
shall consult with a medical consultant who is licensed by New York
state and board certified in occupational medicine.

(i) The employer shall obtain from the medical consultant a written
evaluation of the on-site medical or first aid provider program and
protocols followed in the warehouse for identification and treatment of
musculoskeletal injuries and disorders and shall include recommendations
to ensure compliance with accepted medical practice of the staffing,
supervision and documentation of medical treatment protocols.

(ii) The employer shall obtain from the medical consultant a summary
of treatment protocols suitable for worker patients covering all aspects
of the on-site medical and first aid practices, from early detection of
musculoskeletal injuries and disorders through evaluation by a qualified
physician and physician provision of appropriate work restrictions in
languages understood by the employees.

(iii) The employer shall ensure that the medical consultant reviews
the previous medical consultant evaluation, related materials and
protocols on an annual basis, and recommends changes as appropriate.

(iv) The employer shall ensure that all designated medical and first
aid providers have observed, in person, the jobs involving manual
materials handling within the warehouse and all risk factors identified
in the evaluation conducted under the medical consultant evaluation.

(c) There shall be no delays in the provision of adequate medical care
to workers who report injuries to the on-site medical services.

(d) Each employer shall ensure that no supervisory or managerial
employee or other person discriminates or retaliates against any
current, former, or prospective employee or other person for reporting a
work-related injury or illness, or health and safety concern.

** NB Effective February 19, 2025

6. Employers shall ensure that employees and their designated
representatives are consulted both before and during the development and
implementation of all aspects of the program. Where employees have
established a workplace safety committee in compliance with section
twenty-seven-d of this chapter, the employer shall ensure that the
committee is consulted regarding the development and implementation of
all aspects of the injury reduction program. Any record created by the
employer according to this section shall be provided to the workplace
safety committee prior to consultation. All documents provided to
employees shall be provided in writing in English and in the language
identified by each employee as the primary language of such employee.

* NB Effective June 1, 2025