BILL NUMBER: S5081C
SPONSOR: RAMOS
 
TITLE OF BILL:
An act to amend the labor law, in relation to establishing the warehouse
worker injury reduction program
 
PURPOSE:
Relates to the creation of a program to reduce warehouse workplace inju-
ries via a new section of Labor Law. This bill will support warehouse
workers who currently lack workplace ergonomics standards.
 
SUMMARY OF PROVISIONS:
Section 1 : This Act shall be known as the "warehouse worker injury
reduction program"
Section 2: Legislative findings
Section 3: Amends labor law by adding two new subdivisions 8 and 9 to
include definitions of "Musculoskeletal injuries and disorders" and
"Qualified ergonomist".
Section 4. Adds a new subdivision regarding making complaints in
relation to section 789 of this article.
Section 5. Amends labor law to establish the Injury Reduction
Program.Each employer shall establish this program to identify and mini-
mize the risk of musculoskeletal injuries and disorders. Each job shall
have a written work site evaluation by a qualified ergonomist which
shall include worker recommendations on risk factors and changes to be
made to reduce risk; Copies of evaluation shall be made available to
workers; the Commissioner shall create standards to determine certif-
ication for qualified ergonomists. Employers must provide injury
reduction training to employees. Additionally, there are unlawful retal-
iation provision and mandated on-site medical and first aid practices
Section 6. Provisions are severable.
Section 7. This act shall take effect immediately; provided, however
that paragraph (d) of subdivision 2 of section 789 of the labor law as
added by section five of this act shall take effect on the three hundred
sixty-fifth day after it shall have become a law; provided further,
however, that paragraph (e) of subdivision 2 of section 789 of the labor
law as added by section five of this act shall take effect on the sixti-
eth day after it shall have become a law; and provided further, however,
that paragraph (f) of subdivision two and subdivisions 4 and 5 of
section 789 of the labor law as added by section five of this act shall
take effect on the one hundred eightieth day after it shall have become
 
JUSTIFICATION:
Workplace injuries can take a terrible toll on workers, their families
and their communities, and can create substantial costs for employers.
According to the most recent data (2020) released by the Bureau of Labor
Statistics, the warehouse industry itself reports a rate of serious
work-related injuries involving lost time or restricted duty (4.0
cases/100 full-time workers) that is more than twice the average injury
rates for all private industry (1.7 cases/100 F'1E's). The most common
types of work-related serious injury reported by employers in the ware-
house sector are musculoskeletal injuries (MSDs), which often require
workers to miss work and can force workers permanently out of the job
and even out of the workforce.
Warehouse companies often require workers to perform fast paced manual
material handling tasks. These involve well-known risk factors for seri-
ous injury such as rapid pace, repetitive forceful exertions like lift-
ing heavy packages, and awkward postures like twisting/bending, and
combinations thereof that are likely to cause MSDs. Scientific evidence
shows that effective ergonomic interventions -- such as reducing the
pace, package weights and stressful postures -- can lower the incidence
and severity of work-related MSDs. The research is clear that the most
effective method for reducing or eliminating these risk factors is to
implement an ergonomics program that includes well-informed analysis of
the worksite, implementation of solutions to reduce the dangerous risk
factors, professionally competent medical management, effective worker
training, and meaningful involvement by workers and their represen-
tatives in all aspects of the program.
 
FISCAL IMPACT:
FY 2023: N/A
 
EFFECTIVE DATE:
This act shall take effect immediately; provided, however that paragraph
(d) of subdivision 2 of section 789 of the labor law as added by section
five of this act shall take effect on the three hundred sixty-fifth day
after it shall have become a law; provided further, however, that para-
graph (e) of subdivision 2 of section 789 of the labor law as added by
section five of this act shall take effect on the sixtieth day after it
shall have become a law; and provided further, however, that paragraph
(f) of subdivision 2 and subdivisions 4 and 5 of section 789 of the
labor law as added by section five of this act shall take effect on the
one hundred eightieth day after it shall have become a law.

Statutes affected:
S5081: 780 labor law, 786 labor law
S5081A: 780 labor law, 786 labor law
S5081B: 780 labor law, 786 labor law
S5081C: 780 labor law, 786 labor law