Workplace Safety Committees (S.9450/A.10492)

May 31st, 2022

RE:   AN ACT to amend the labor law, relating to employer violations of certain provisions allowing for workplace safety committees

 S.9450 (Gianaris) / A.10492 (Reyes)

MEMORANDUM IN OPPOSITION

Upstate United, a non-partisan, pro-taxpayer, pro-economic growth, education and advocacy coalition made up of business and trade organizations from all parts of Upstate New York, opposes this legislation.

This bill requires the recognition of workplace safety committees by the employer within 5 days following its establishment. Violations will allow the commissioner of labor to assess certain civil penalties for such violations. 

Throughout this legislation there is vague language and terms left undefined, this is another example of expecting businesses to try to interpret the language on their own. This will inevitably lead to unintentional violations and these businesses having to take even more time out of their busy days trying to comply with one of the most complex and stringent regulatory climates in the country.

Businesses in New York have prioritized safety throughout the pandemic, employers want their employees to be healthy and happy. This is an example of Albany over extending their reach for a problem that businesses have already taken care of themselves. On top of this overreach adding a monetary fine based on these mostly undefined terms is unfair to these businesses. If the commissioner of labor interprets the language in the bill differently than the business owners then the owners are left to foot the bill. 

New York State is in a time of unprecedented economic uncertainty. Albany needs to make business easier and less expensive to do, this bill is the exact opposite of that. This is an example of seeking out a problem that simply does not exist, it is piling on business owners with financial punishment and another vague regulation they have to try to follow. We need to make New York State a more attractive place to live and do business or the massive out migration from the state will continue.

For these reasons, Upstate United strongly opposes the enactment of this legislation.