NY Lab L § 27-C (2021)
2021 New York Laws LAB - Labor Article 2 - The Department of Labor 27-C - Preparation of Public Employers for State Disaster Emergencies Involving Public Health.

§ 27-c. Preparation of public employers for state disaster emergencies   involving  public  health.  1.  Definitions.  For  the  purposes of this   section:a. "Personal protective equipment" shall mean all  equipment  worn  to   minimize  exposure  to  hazards,  including gloves, masks, face shields,   foot and eye protection, protective hearing devices,  respirators,  hard   hats, and disposable gowns and aprons.b. "Public employer" or "employer" shall mean the state of New York, a   county,  city, town, village or any other political subdivision or civil   division of the state, a public authority, commission or public  benefit   corporation, or any other public corporation, agency, instrumentality or   unit  of government which exercises governmental power under the laws of   this state, provided, however, that this subdivision shall  not  include   any  employer  as  defined  in section twenty-eight hundred one-a of the   education law.c. "Essential" shall  refer  to  a  designation  made  that  a  public   employee  is required to be physically present at a work site to perform   his or her job. Such designation may be changed at any time in the  sole   discretion of the employer.d.  "Non-essential"  shall  refer  to a designation made that a public   employee is not required to be physically present  at  a  work  site  to   perform  his  or her job. Such designation may be changed at any time in   the sole discretion of the employer.e.  "Communicable  disease"  shall  mean  an  illness  caused  by   an   infectious  agent  or  its  toxins  that  occurs  through  the direct or   indirect transmission of the infectious agent or its  products  from  an   infected individual.f.   "Retaliatory   action"  shall  mean  the  discharge,  suspension,   demotion, or discrimination  against  any  employee,  or  other  adverse   employment  action taken against an employee in the terms and conditions   of employment.2. Each public employer in the state of New York shall prepare a  plan   for  the  continuation  of  operations  in  the  event that the governor   declares a state disaster emergency involving  a  communicable  disease.   Such  plans  shall  follow  the provisions for review and publication as   prescribed in subdivision four of this section.3. The operations plan required by this section shall include, but not   be limited to:a. A list  and  description  of  the  types  of  positions  considered   essential  in  the  event  of  a  state-ordered  reduction  of in-person   workforce.b.  A  description  of  protocols  the  employer   will   follow   for   non-essential  employees  to  telecommute including, but not limited to,   facilitating or requesting the  procurement,  distribution,  downloading   and installation of any needed technology, including software, data, and   the  transferring  of office phone lines to work or personal cell phones   as practicable or applicable to the workplace, and may include devices.c. A description of how the employer will,  to  the  extent  possible,   stagger   work   shifts  of  essential  employees  in  order  to  reduce   overcrowding on public transportation systems and at worksites.d. A description of the protocol the employer will implement in  order   to  procure  the appropriate personal protective equipment for essential   employees, based upon the various tasks and needs of such employees in a   quantity sufficient to provide personal  protective  equipment  to  each   essential  employee  during any given work shift. Such description shall   also include a plan for storage of such equipment to prevent degradation   and permit immediate access in the event of an emergency declaration. e. A description of the protocol in the event an employee  is  exposed   to  a  known case of the communicable disease that is the subject of the   state disaster emergency, exhibits symptoms of such  disease,  or  tests   positive  for such disease in order to prevent the spread or contraction   of  such  disease  in  the  workplace.  Such  protocol shall also detail   actions to be taken to immediately and  thoroughly  disinfect  the  work   area  of  any  employee  known  or  suspected  to  be  infected with the   communicable disease as well as  any  common  area  surface  and  shared   equipment  such  employee  may  have touched, and the employer policy on   available leave in the event of the  need  of  an  employee  to  receive   testing,  treatment,  isolation,  or quarantine. Such protocol shall not   involve any action that would violate any existing  federal,  state,  or   local law, including regarding sick leave or health information privacy.f.  A  protocol  for  documenting  hours and work locations, including   off-site  visits,  for  essential  employees.  Such  protocol  shall  be   designed  only  to  aid  in  tracking of the disease and to identify the   population of exposed employees in order to facilitate the provision  of   any benefits which may be available to certain employees on that basis.g.  A  protocol  for  how  the  public  employer  will  work with such   employer's  locality  to  identify  sites  for  emergency  housing   for   essential  employees  in  order  to  further  contain  the spread of the   communicable disease that is the subject of the declared  emergency,  to   the extent applicable to the needs of the workplace.h.  Any other requirements determined by the department of health such   as contract tracing or testing,  social  distancing,  hand  hygiene  and   disinfectant, or mask wearing.4. Once drafted, each public employer shall present the plan described   in   this  section  to  all  applicable  duly  recognized  or  certified   representatives of the employer's employees, who shall then  be  granted   an  opportunity  to  review  the  plan and make recommendations, if any,   provided that nothing shall preclude such  representatives  from  making   such  recommendations  prior  to the draft being completed. The employer   must consider and respond to such recommendations in  writing  within  a   reasonable  timeframe.  A  copy  of the final version of such plan shall   then be published in a  clear  and  conspicuous  location,  and  in  the   employee  handbook,  to  the  extent  that  the  employer  provides such   handbook to its employees, and in a location accessible  on  either  the   employer's  website  or  on  the  internet  accessible  by employees. No   employer shall take retaliatory action or otherwise discriminate against   any employee for making recommendations regarding  the  content  of  the   plan.5.  The  department  shall  establish  procedures  to allow for public   employees to contact and inform the department of any alleged violations   of any of the provisions described in this section.6. Nothing in this  section  shall  be  deemed  to  impede,  infringe,   diminish or impair the rights of a public employee or employer under any   law,  rule,  regulation  or  collectively  negotiated  agreement, or the   rights  and  benefits  which  accrue  to  employees  through  collective   bargaining  agreements,  or  otherwise  diminish  the  integrity  of the   existing collective bargaining relationship.