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File #: Int 2162-2020    Version: Name: Dissemination of occupational safety and health information to city employees during a public health emergency.
Type: Introduction Status: Enacted
Committee: Committee on Civil Service and Labor
On agenda: 11/19/2020
Enactment date: 2/28/2021 Law number: 2021/023
Title: A Local Law to amend the administrative code of the city of New York, in relation to the dissemination of occupational safety and health information to city employees during a public health emergency
Sponsors: I. Daneek Miller, Alicka Ampry-Samuel , Ben Kallos, Helen K. Rosenthal, Adrienne E. Adams, Farah N. Louis, Kalman Yeger , Carlina Rivera , Inez D. Barron
Council Member Sponsors: 9
Summary: This bill would require that, during a public health emergency, the Citywide Office of Occupational Safety and Health would monitor federal, state and city agencies that provide information about occupational safety and health. If any such agency issues guidance about occupational safety and health related to the public health emergency, the Citywide Office of Occupational Safety would be required to email such guidance to the safety and health coordinator at each city agency within 24 hours. Within 24 hours of receipt of such guidance, the safety and health coordinator would be required to post it in the workplace, email it to each employee of the agency and send a summary to each employee that is tailored based on employee’s position to highlight the most relevant information from the guidance. The coordinator would also be required to provide each employee any education or training required to ensure proper compliance with the most recent guidance.
Attachments: 1. Summary of Int. No. 2162-A, 2. Summary of Int. No. 2162, 3. Int. No. 2162, 4. November 19, 2020 - Stated Meeting Agenda with Links to Files, 5. Hearing Transcript - Stated Meeting 11-19-20, 6. Minutes of the Stated Meeting - November 19, 2020, 7. Committee Report 11/20/20, 8. Hearing Testimony 11/20/20, 9. Hearing Transcript 11/20/20, 10. Committee Report 1/27/21, 11. Hearing Testimony 1/27/21, 12. Proposed Int. No. 2162-A - 1/25/21, 13. Committee Report - Stated Meeting, 14. January 28, 2021 - Stated Meeting Agenda with Links to Files, 15. Hearing Transcript - Stated Meeting 1-28-21, 16. Minutes of the Stated Meeting - January 28, 2021, 17. Int. No. 2162-A (FINAL), 18. Fiscal Impact Statement, 19. Legislative Documents - Letter to the Mayor, 20. Local Law 23
Date Ver.Prime SponsorAction ByActionResultAction DetailsMeeting DetailsMultimedia
3/1/2021AI. Daneek Miller City Council Returned Unsigned by Mayor  Action details Meeting details Not available
2/28/2021AI. Daneek Miller Administration City Charter Rule Adopted  Action details Meeting details Not available
1/28/2021AI. Daneek Miller City Council Sent to Mayor by Council  Action details Meeting details Not available
1/28/2021AI. Daneek Miller City Council Approved by CouncilPass Action details Meeting details Not available
1/27/2021*I. Daneek Miller Committee on Civil Service and Labor Hearing Held by Committee  Action details Meeting details Not available
1/27/2021*I. Daneek Miller Committee on Civil Service and Labor Amendment Proposed by Comm  Action details Meeting details Not available
1/27/2021*I. Daneek Miller Committee on Civil Service and Labor Amended by Committee  Action details Meeting details Not available
1/27/2021AI. Daneek Miller Committee on Civil Service and Labor Approved by CommitteePass Action details Meeting details Not available
11/20/2020*I. Daneek Miller Committee on Civil Service and Labor Hearing Held by Committee  Action details Meeting details Not available
11/20/2020*I. Daneek Miller Committee on Civil Service and Labor Laid Over by Committee  Action details Meeting details Not available
11/19/2020*I. Daneek Miller City Council Referred to Comm by Council  Action details Meeting details Not available
11/19/2020*I. Daneek Miller City Council Introduced by Council  Action details Meeting details Not available

Int. No. 2162-A

 

By Council Members Miller, Ampry-Samuel, Kallos, Rosenthal, Adams, Louis, Yeger, Rivera and Barron

 

A Local Law to amend the administrative code of the city of New York, in relation to the dissemination of occupational safety and health information to city employees during a public health emergency

 

Be it enacted by the Council as follows:

Section 1.  Section 12-208 of the administrative code of the city of New York, as added by local law number 182 for the year 2018, is renumbered section 12-209.

§ 2. Chapter 2 of title 12 of the administrative code of the city of New York is amended by adding a new section 12-210 to read as follows:

§ 12-210 Dissemination of occupational safety and health information during a public health emergency. a. Definitions. For purposes of this section, the following terms have the following meanings:

City agency. The term “city agency” means: (i) any agency as such term is defined in section 1150 of the New York city charter, the head of which is appointed by the mayor; and (ii) any agency as such term is defined in section 1150 of the New York city charter headed by a board, commission or other multi-member body, where a majority of such body’s members are appointed by the mayor.

Citywide office of occupational safety and health. The term “citywide office of occupational safety and health” means the office within the department of citywide administrative services responsible for providing oversight to city agencies in environmental and occupational safety and health to ensure compliance with federal, state and local regulations or any successor office that carries out the same or substantially similar functions.

Occupational safety and health agency. The term “occupational safety and health agency” means any federal, state or city agency or office that issues guidance related to occupational safety and health, including the federal occupational safety and health administration, the public employee safety and health bureau, the federal centers for disease control and prevention, the national institute for occupational safety and health and the department of health and mental hygiene.

Public health emergency. The term “public health emergency” means any time during which, due to a threat to public health, a state of emergency has been declared by the governor pursuant to section 28 of the executive law or by the mayor pursuant to section 24 of the executive law or a public health emergency has been declared by the commissioner of health and mental hygiene pursuant to subdivision d of section 3.01 of the New York city health code.

Safety and health coordinator. The term “safety and health coordinator” means the person at a city agency who is primarily responsible for occupational safety and health within the city agency.

b. During any public health emergency, the citywide office of occupational safety and health shall monitor all occupational safety and health agencies for the issuance of guidance regarding occupational safety and health related to the public health emergency. This guidance shall include, without limitation, any guidance on hazard assessment, hygiene, social distancing, identification and isolation of sick employees, return to work after illness or exposure, physical and administrative controls, workplace flexibility, training and anti-retaliation practices. Within 24 hours of the issuance of any such guidance, the citywide office of occupational safety and health shall deliver said guidance by electronic mail to the safety and health coordinator at each city agency.

c. Within 24 hours of receipt of any occupational safety and health guidance from the citywide office of occupational safety and health during a public health emergency, each safety and health coordinator shall:

1. Post such guidance in the workplace next to the poster required pursuant to section 801.47 of title 12 of the  New York codes, rules and regulations;

2. Deliver such guidance by electronic mail to each employee of the city agency;

3. Prepare and deliver by electronic mail a summary of the guidance to each employee of the city agency. Such summary shall be tailored so as to highlight the guidance that is most relevant to employees holding a particular position, or a category of positions, within the city agency; and

4. Provide to each employee any education or training necessary to ensure the proper application of the latest guidance issued by the citywide office of occupational safety and health.

§ 3. This local law takes effect 90 days after it becomes law.

 

 

 

NAB/NJC

LS #15171/15539

1/20/21; 9:31pm