§ 218-b. Prevention of occupational exposure to an airborne infectious\ndisease. 1. For purposes of this section, the following terms shall have\nthe following meanings:\n (a) "Employee" shall mean any person providing labor or services for\nremuneration for a private entity or business within the state, without\nregard to an individual's immigration status, and shall include\npart-time workers, independent contractors, domestic workers, home care\nand personal care workers, day laborers, farmworkers and other temporary\nand seasonal workers. The term shall also include individuals working\nfor digital applications or platforms, staffing agencies, contractors or\nsubcontractors on behalf of the employer at any individual work site, as\nwell as any individual delivering goods or transporting people at, to or\nfrom the work site on behalf of the employer, regardless of whether\ndelivery or transport is conducted by an individual or entity that would\notherwise be deemed an employer under this chapter. The term shall not\ninclude employees or independent contractors of the state, any political\nsubdivision of the state, a public authority, or any other governmental\nagency or instrumentality.\n (b) "Work site" shall mean any physical space, including a vehicle,\nthat has been designated as the location where work is performed over\nwhich an employer has the ability to exercise control. The term shall\ninclude employer-provided housing and employer-provided transportation\nat, to or from the work site but shall not include the residence of the\nemployer or employee unless such residence has been provided by the\nemployer and is used as the primary place of work or such residence is\nprovided by an employer covered under the provisions of article\nnineteen-A of this chapter. The term shall not include a telecommuting\nor telework site unless the employer has the ability to exercise control\nof such site.\n (c) "Supervisor" or "supervisory employee" shall mean any person who\nhas the authority to direct and control the work performance of other\nemployees, or who has the managerial authority to take corrective action\nregarding the violation of the law, rules or regulations. This term\nshall not include any employee who is a member of a collective\nbargaining unit that primarily represents employees not otherwise deemed\nto be a supervisor or supervisory employee as defined by this\nsubdivision.\n (d) "Employer" shall mean any person, entity, business, corporation,\npartnership, limited liability company, or association employing,\nhiring, or paying for the labor of any individual in any occupation,\nindustry, trade, business, or service. The term shall not include the\nstate, any political subdivision of the state, a public authority, or\nany other governmental agency or instrumentality.\n (e) "Airborne infectious disease" shall mean any infectious viral,\nbacterial or fungal disease that is transmissible through the air in the\nform of aerosol particles or droplets and is designated by the\ncommissioner of health a highly contagious communicable disease that\npresents a serious risk of harm to the public health.\n 2. The commissioner, in consultation with the department of health,\nshall create and publish, in both English and Spanish, a model airborne\ninfectious disease exposure prevention standard for industries\nrepresenting a significant portion of the workforce, or those with\nunique characteristics requiring distinct standards, as determined by\nthe commissioner, in consultation with the commissioner of health. The\ncommissioner shall further create and publish, in English and in\nSpanish, a general model airborne infectious disease exposure prevention\nstandard applicable to all worksites not included in the specific\nindustry standards. Such model standards shall establish minimum\nrequirements for preventing exposure to airborne infectious diseases in\nthe workplace in order to protect the public and the workforce.
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