The New York Department of Labor on December 22 released a new proposed regulation setting forth the workplace safety committee requirements under New York Labor Law Section 27-D, otherwise known as Section 2 of the New York HERO Act. Section 2 permits employees to form workplace health and safety committees that are empowered to review and provide feedback on safety and health issues. Employers should take notice of the proposed regulation because Section 2 is currently in effect, and the proposed regulation provides significant details that were missing from the law itself, including on steps companies can take to form these committees, and the roles and responsibilities of committee members.
The proposed regulation is subject to a notice and comment period, with a public hearing scheduled for February 9, 2022.
The proposed regulation clarifies that Section 2’s requirements only apply where an employer has at least 10 employees working in New York State. A single workplace safety committee may represent a single worksite (defined as a single, physical location where services, operations, or other activities are performed) or multiple geographically distinct worksites. In other words, employers do not need a separate workplace committee at each worksite.
The proposed regulation provides that a workplace safety committee does not need to be created unless and until two non-supervisory employees at a worksite submit a written...
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