New York S 3412: Provides for the regulation of all indoor and outdoor worksites

Bill Text

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S03412 Summary:

BILL NOS03412 

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SAME ASSAME AS A03527

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SPONSORRAMOS

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COSPNSRBRISPORT, BROUK, CLEARE, COMRIE, FERNANDEZ, GIANARIS, GONZALEZ, HARCKHAM, JACKSON, KAVANAGH, MAY,
 MAYER, PARKER, RIVERA, SALAZAR, SCARCELLA-SPANTON, SERRANO, STAVISKY, WEBB

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MLTSPNSR

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Add Art 20-D §§742 - 746, Lab L

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Provides for the regulation of indoor and outdoor worksites with temperature protection standards and education, training and reporting requirements to ensure that employers provide safe conditions for their employees.

Go to top S03412 Actions:

BILL NOS03412 

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01/27/2025REFERRED TO LABOR

05/14/2025REPORTED AND COMMITTED TO FINANCE

01/07/2026REFERRED TO LABOR

Go to topS03412 Committee&nbspVotes:

Go to topS03412 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS03412 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3412

 2025-2026 Regular Sessions

 IN SENATE

 January 27, 2025
 ___________

 Introduced by Sens. RAMOS, BRISPORT, BROUK, CLEARE, COMRIE, FERNANDEZ,
 GIANARIS, GONZALEZ, HARCKHAM, JACKSON, MAY, MAYER, PARKER, RIVERA,
 SALAZAR, SCARCELLA-SPANTON, SERRANO, STAVISKY, WEBB -- read twice and
 ordered printed, and when printed to be committed to the Committee on
 Labor

 AN ACT to amend the labor law, in relation to regulating the temperature
 of all indoor and outdoor worksites

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. This act shall be known and may be cited as the "temper-
 2 ature extreme mitigation program (TEMP) act".
 3 § 2. Legislative findings and intent. The legislature hereby finds and
 4 declares that New Yorkers, working both in outdoor and indoor sites, are
 5 exposed to extreme temperatures. This involves skyrocketing heat in the
 6 summer. Every year, New York city has high numbers of heat-related
 7 emergency department visits, hospital admissions, and deaths. According
 8 to the New York City Office of the Mayor, each year there are an esti-
 9 mated 450 heat-related ED visits, 150 heat-related hospital admissions,
 10 10 heat-stroke deaths, and 350 heat-exacerbated deaths, caused by heat
 11 worsening existing chronic conditions.
 12 The legislature hereby finds and declares that the government is obli-
 13 gated to ensure that employers provide safe conditions for their employ-
 14 ees.
 15 § 3. The labor law is amended by adding a new article 20-D to read as
 16 follows:
 17 ARTICLE 20-D
 18 TEMPERATURE REGULATION BY EMPLOYERS
 19 Section 742. Scope.
 20 743. Definitions.
 21 744. Heat protection standards.
 22 745. Education and training.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD05471-02-5

 S. 3412 2

 1 746. Enforcement.
 2 § 742. Scope. 1. The following covered industries will be held to the
 3 standards in this article:
 4 (a) Agriculture;
 5 (b) Construction, unless the employer is party to a: (i) collective
 6 bargaining agreement or (ii) project labor agreement with a bona fide
 7 building and construction trades council;
 8 (c) Landscaping;
 9 (d) Car wash service;
 10 (e) Commercial shipping;
 11 (f) Food service, including food retail workers whose jobs require
 12 regular outdoor work, or exposure to outside temperatures in back and
 13 storage rooms where deliveries are received;
 14 (g) Warehousing;
 15 (h) Transport service, including but not limited to airport service
 16 work, ramp, cargo, tarmac maintenance workers, and commuter rail line
 17 service; and
 18 (i) Building service work.
 19 2. For the purposes of this article, outdoor worksites of the covered
 20 industries in paragraphs (a), (b), (c), (d), (f), and (h) of subdivision
 21 one of this section shall be subject to the provisions herein. For the
 22 purposes of this article, indoor worksites of the covered industries in
 23 paragraphs (e), (f), (g) and (i) of subdivision one of this section
 24 shall be subject to the provisions herein.
 25 § 743. Definitions. For the purposes of this article, the following
 26 terms shall have the following meanings:
 27 1. "Employee" means any person within a covered industry providing
 28 labor or services for remuneration for a public o