2023 New York Laws › LAB - Labor › Article 2 - The Department of Labor › 27-D - Workplace Safety Committees.

§  27-d.  Workplace  safety  committees.  1.  For the purposes of this
section, the following terms shall have the following meanings:
(a) "Employer" shall mean any person, entity,  business,  corporation,
partnership,  limited  liability company, or an association employing at
least ten employees. The term shall not include the state, any political
subdivision of the state, a public authority, or any other  governmental
agency or instrumentality.
(b)  "Employee"  shall  include all employees in the state, except for
employees of the state, any political subdivision of the state, a public
authority, or any other governmental agency or instrumentality.
2. Employers shall permit employees  to  establish  and  administer  a
joint labor-management workplace safety committee, but not more than one
committee  per  worksite, provided however that an employer that already
has a workplace safety committee that is otherwise consistent  with  the
requirements  of  this  section,  shall  be  exempted  from  creating an
additional safety committee under this section.  Each  workplace  safety
committee shall be composed of employee and employer designees, provided
at  least  two-thirds are non-supervisory employees. Employee members of
the committee shall be selected  by,  and  from  among,  non-supervisory
employees.  Committees  shall  be  co-chaired by a representative of the
employer and non-supervisory employees.  Where  there  is  a  collective
bargaining  agreement in place, the collective bargaining representative
shall be responsible for the selection of employees to serve as  members
of   the  committee.  Committees  representing  geographically  distinct
worksites may also be formed as necessary.
3. No employer shall interfere with the  selection  of  employees  who
shall  serve  on  such  committee  or  who serve as the workplace safety
designee or with such employees' performance of  the  duties  authorized
under this section.
4. Each workplace safety committee and workplace safety designee shall
be  authorized to perform the following tasks, including but not limited
to:
(a)  Raise  health  and  safety  concerns,  hazards,  complaints   and
violations to the employer to which the employer must respond.
(b)  Review  any  policy put in place in the workplace required by any
provision of this chapter relating to occupational safety and health and
provide feedback  to  such  policy  in  a  manner  consistent  with  any
provision of law.
(c)  Review the adoption of any policy in the workplace in response to
any health or safety law, ordinance, rule, regulation, executive  order,
or other related directive.
(d)   Participate  in  any  site  visit  by  any  governmental  entity
responsible for enforcing safety and health standards  unless  otherwise
prohibited by law.
(e)  Review any report filed by the employer related to the health and
safety of the workplace in a manner consistent  with  any  provision  of
law.
(f)  Regularly  schedule  a  meeting during work hours at least once a
quarter that shall last no longer than two hours.
5. Employers shall permit  safety  committee  designees  to  attend  a
training  of no longer than four hours, without suffering a loss of pay,
on the function of worker safety committees,  rights  established  under
this section, and an introduction to occupational safety and health.
6. Any employee who participates in the activities or establishment of
a workplace safety committee shall not be subject to retaliation for any
actions  taken  pursuant  to  their  participation.  Violations  of this
subdivision shall be deemed to  be  a  violation  of  paragraph  (a)  of
subdivision  one  of section two hundred fifteen of this chapter and the

civil penalties and remedies of paragraph (b)  of  subdivision  one  and
paragraphs (a) and (b) of subdivision two of section two hundred fifteen
of this chapter shall be applicable to this subdivision.
7.  Nothing  in  this  section shall be deemed to diminish the rights,
privileges, or remedies of any employee under any collective  bargaining
agreement.  The provisions of this section may be waived by a collective
bargaining agreement, provided that for such  waiver  to  be  valid,  it
shall explicitly reference this section.
8.  The  commissioner  shall  adopt and amend rules and regulations to
effectuate the provisions and purposes of this section.
9. (a) An employer must recognize within  fifteen  business  days  the
establishment  of  a workplace safety committee created pursuant to this
section. Violations of this subdivision shall result in a civil  penalty
of not less than fifty dollars per day until the violation is remedied.
(b) The commissioner may also order other appropriate relief including
enjoining the conduct of any person or employer in addition to any other
remedies permitted by this section.