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.
STATE OF NEW YORK
________________________________________________________________________
1051
2023-2024 Regular Sessions
IN ASSEMBLY
January 13, 2023
___________
Introduced by M. of A. JACOBSON -- read once and referred to the Commit-
tee 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 his or her employer of such positive test result within
7 three 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.
LBD03692-01-3
A. 1051 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 date.
