Requires employees and independent contractors to notify employers and contractors within three hours after receiving a positive result of a test for COVID-19; provides penalties for violations.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5055
SPONSOR: Jacobson TITLE OF BILL:
An act to amend the public health law, in relation to requiring employ-
ees and independent contractors to notify employers and contractors upon
receiving a positive result of a test for COVID-19 and providing penal-
ties for violations
PURPOSE OR GENERAL IDEA OF BILL:
To require employees and independent contractors to notify their employ-
ers and contractors upon receiving a positive result of a test for
COVID-19 and providing penalties for violations
SUMMARY OF PROVISIONS:
Section 1 amends the Public Health Law by adding a new section 2183 to
require every employee of a public or private employer or independent
contractor in this state who receives a positive result for a COVID-19
test to notify the owner, supervisor or manager of their employer and in
the case of an independent contractor the owner, supervisor or manager
of their contractor of the positive test result within three hours of
receiving the positive result or by 10:00 am on the next business day or
three hours after the employer's or contractor's business opens if the
business opens after 10:00 am.
An employee or independent contractor who fails to give notification as
required by this section shall be guilty of a misdemeanor and/or subject
to a civil fine of $1,000.00 for each day notification is not given.
Section 2 sets forth the effective date which is on the thirtieth day
after it shall have become a law. Effectively immediately the addition,
amendment and/or repeal of any rule or regulation necessary for the
implementation of this act on its effective date are authorized to be
made and completed on or before such date.
JUSTIFICATION:
COVID-19 testing serves two purposes: First, to inform an individual of
a positive diagnosis, so that person can receive any necessary medical
treatment. The second is so an infected person can begin appropriate
quarantine protocols to avoid further spreading the virus. Contact
tracing is done to inform those who have been in contact with an
infected individual to quarantine and get tested. If employers (or
contractors in the case of an independent contractor) are not notified
when an employee has been infected, contact tracing cannot happen.
This notification requirement ensures that workplaces do not become
"super-spreader sites," putting countless persons at risk from contact-
ing COVID-19. Additionally, businesses where widespread infections occur
may need to shut down for extended periods. This notification require-
ment is simply common sense from both a health and business standpoint.
PRIOR LEGISLATIVE HISTORY:
2021-2022: A5616 - Referred to Assembly Labor Committee
2023-2024: A1051 - Referred to Assembly Labor Committee
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law. Effectively immediately the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such date.
STATE OF NEW YORK
________________________________________________________________________
5055
2025-2026 Regular Sessions
IN ASSEMBLY
February 11, 2025
___________
Introduced by M. of A. JACOBSON, EACHUS -- read once and referred to the
Committee on Labor
AN ACT to amend the public health law, in relation to requiring employ-
ees and independent contractors to notify employers and contractors
upon receiving a positive result of a test for COVID-19 and providing
penalties for violations
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The public health law is amended by adding a new section
2 2184 to read as follows:
3 § 2184. Employer notification upon receipt of positive test. 1. Every
4 employee of a public or private employer in this state who receives a
5 positive result for a COVID-19 test shall notify the owner, supervisor
6 or manager of such employer of such positive test result within three
7 hours of receiving the test result; provided, however, that if the
8 employer's place of business is closed, such notification shall be given
9 by the employee to the employer no later than 10:00 a.m. on the next day
10 that the employer's place of business is open or three hours after the
11 employer's business opens if the business opens after 10:00 a.m.
12 2. Every independent contractor who receives a positive result for a
13 COVID-19 test shall notify the owner, supervisor or manager of the
14 contractor for whom the independent contractor provides services of such
15 positive test result within three hours of receiving the test result;
16 provided, however, that if the contractor's place of business is closed,
17 such notification shall be given by the independent contractor to the
18 contractor no later than 10:00 a.m. on the next day that the contrac-
19 tor's place of business is open or three hours after the contractor's
20 business opens if the business opens after 10:00 a.m.
21 3. Subject to the provisions of subdivision four of this section, a
22 person who fails to give notification as required by this section shall
23 be guilty of a misdemeanor and/or shall be subject to a civil fine of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03958-01-5
A. 5055 2
1 one thousand dollars for each day or part thereof that notification is
2 not given. All fines collected pursuant to this subdivision shall be
3 collected by the department and shall be deposited by the commissioner
4 and credited to the disease management account established by the comp-
5 troller in the special revenue-other fund.
6 4. The provisions of this section shall not apply to any person who
7 receives a positive result for a COVID-19 test but who is incapable of
8 providing the notification required by this section.
9 § 2. This act shall take effect on the thirtieth day after it shall
10 have become a law. Effective immediately the addition, amendment and/or
11 repeal of any rule or regulation necessary for the implementation of
12 this act on its effective date are authorized to be made and completed
13 on or before such effective date.
