BILL NUMBER: S7568
SPONSOR: CLEARE
 
PURPOSE:
The purpose of this bill is to add more protections for public employees
regarding workplace violence and require public employers to take
specific action to prevent workplace violence.
 
SUMMARY OF PROVISIONS:
Section 1 amends section 27-b of the Labor law as follows:
Under subdivision 3, five new paragraphs are added.
Under subdivision 4, paragraph b, four paragraphs are added, and one is
amended.
Under subdivision 5, paragraph b is amended and under paragraph b, para-
graph 2 is amended, and paragraph 3 is added.
Subdivision 6 is amended and titled, "Incident log" and subdivisions 7,
8, and 9 are added. The previous subdivision 6, titled, "Application",
becomes the new subdivision 10 titled, "Inspections", and amendments are
made within that subdivision.
Subdivision 11 is added and titled, "Enforcement procedures". This new
subdivision gives the commissioner of labor the power to issue an order
to comply. If the employer doesn't comply within a reasonable time for
compliance as established by the order to comply, the commissioner may
collect penalties every day until the correction is made.
Subdivision 12 is added and titled, "Injunction proceedings". This gives
jurisdiction to the supreme court of the state to restrain any place of
employment until steps are taken to correct any danger.
Section 2 sets the effective date 90 days after it shall have become
law.
 
JUSTIFICATION:
Section 27-b of the labor law has been instrumental in protecting
employees from potential dangers they may encounter. It acknowledges
that, depending on an employee's line of work, they may be forced to
work in dangerous environments or be put at risk. The section currently
requires public employers to determine the risks in the workplace,
develop a written program for preventing workplace violence, provide
training for employees, and it allows employees to submit written
notices to the Labor Commissioner regarding violations of the program,
with protections against retaliation from their employer.
Although this section has provided for protections of employees, work-
place violence is still a growing problem for New Yorkers. Employees
face assaults, threats, and harassment in a variety of different posi-
tions and jobs. Adding new factors or situations that employees are put
at risk ensures more employers implement necessary protective measures.
It's clear that although some steps have been taken to protect our work-
force, more can and must be done. Protecting more employees, adding more
methods of protections, and ensuring that employers comply with the law
are all necessary steps that New York should be taking. It is essential
that our state workforce feel safe when they go to provide for not only
themselves, but their families as well.
 
LEGISLATIVE HISTORY:
This is a new bill.
 
FISCAL IMPACT:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S7568: 1020-f public authorities law