N.Y. LAB Law § 27-D — New York Code / Act LAB / Article 2 / Section 27-D
Workplace safety committees
Status: in_force

§ 27-d. Workplace safety committees. 1. For the purposes of this\nsection, the following terms shall have the following meanings:\n  (a) "Employer" shall mean any person, entity, business, corporation,\npartnership, limited liability company, or an association employing at\nleast ten employees. The term shall not include the state, any political\nsubdivision of the state, a public authority, or any other governmental\nagency or instrumentality.\n  (b) "Employee" shall include all employees in the state, except for\nemployees of the state, any political subdivision of the state, a public\nauthority, or any other governmental agency or instrumentality.\n  2. Employers shall permit employees to establish and administer a\njoint labor-management workplace safety committee, but not more than one\ncommittee per worksite, provided however that an employer that already\nhas a workplace safety committee that is otherwise consistent with the\nrequirements of this section, shall be exempted from creating an\nadditional safety committee under this section. Each workplace safety\ncommittee shall be composed of employee and employer designees, provided\nat least two-thirds are non-supervisory employees. Employee members of\nthe committee shall be selected by, and from among, non-supervisory\nemployees. Committees shall be co-chaired by a representative of the\nemployer and non-supervisory employees. Where there is a collective\nbargaining agreement in place, the collective bargaining representative\nshall be responsible for the selection of employees to serve as members\nof the committee. Committees representing geographically distinct\nworksites may also be formed as necessary.\n  3. No employer shall interfere with the selection of employees who\nshall serve on such committee or who serve as the workplace safety\ndesignee or with such employees' performance of the duties authorized\nunder this section.\n  4. Each workplace safety committee and workplace safety designee shall\nbe authorized to perform the following tasks, including but not limited\nto:\n  (a) Raise health and safety concerns, hazards, complaints and\nviolations to the employer to which the employer must respond.\n  (b) Review any policy put in place in the workplace required by any\nprovision of this chapter relating to occupational safety and health and\nprovide feedback to such policy in a manner consistent with any\nprovision of law.\n  (c) Review the adoption of any policy in the workplace in response to\nany health or safety law, ordinance, rule, regulation, executive order,\nor other related directive.\n  (d) Participate in any site visit by any governmental entity\nresponsible for enforcing safety and health standards unless otherwise\nprohibited by law.\n  (e) Review any report filed by the employer related to the health and\nsafety of the workplace in a manner consistent with any provision of\nlaw.\n  (f) Regularly schedule a meeting during work hours at least once a\nquarter that shall last no longer than two hours.\n  5. Employers shall permit safety committee designees to attend a\ntraining of no longer than four hours, without suffering a loss of pay,\non the function of worker safety committees, rights established under\nthis section, and an introduction to occupational safety and health.\n  6. Any employee who participates in the activities or establishment of\na workplace safety committee shall not be subject to retaliation for any\nactions taken pursuant to their participation. Violations of this\nsubdivision shall be deemed to be a violation of paragraph (a) of\nsubdivision one of section two hundred fifteen of this chapter and the\ncivil penalties and remedies of paragraph (b) of subdivision one and\nparagraphs (a) and (b) of subdivision two of section two hundred fifteen\nof this chapter shall be applicable to this subdivision.\n  7. Nothing in this section shall be deemed to diminish the rights,\nprivileges, or remedies of any employee under any collective bargaining\nagreement. The provisions of this section may be waived by a collective\nbargaining agreement, provided that for such waiver to be valid, it\nshall explicitly reference this section.\n  8. The commissioner shall adopt and amend rules and regulations to\neffectuate the provisions and purposes of this section.\n  9. (a) An employer must recognize within fifteen business days the\nestablishment of a workplace safety committee created pursuant to this\nsection. Violations of this subdivision shall result in a civil penalty\nof not less than fifty dollars per day until the violation is remedied.\n  (b) The commissioner may also order other appropriate relief including\nenjoining the conduct of any person or employer in addition to any other\nremedies permitted by this section.\n