Workplace Safety Committee

New York State’s Workplace Safety Committee law provides for the adoption of rules and regulations for workplace safety committees under section 27-d of the New York State Labor Law. This law took effect on November 1, 2021.  As of this date, employers are required to permit workers to establish and administer a joint labor-management workplace safety committee upon request.

Establishment of a Workplace Safety Committee

• A workplace safety committee must be requested by at least two non-supervisory employees.
• Employers must respond within 15 days when they receive the request for recognition of a workplace safety committee.
• Additional requests of recognition can be denied and referred to established committee.
• Employers must provide notice to all employees within five days of recognition of a workplace safety committee.
• Employers cannot participate with the selection of the non-supervisory employees to be selected for the workplace safety committee.

Composition of a Workplace Safety Committee

• A workplace safety committee must be comprised by no less than 2 non-supervisory employees and not less than one employer representative.
• A workplace safety committee must not have a non-supervisory employee to employer representative ratio greater than two to one.
• A worksite with a collective bargaining agreement will select the committee representatives.  Worksites without a collective bargaining agreement committee representatives may be selected by self-selection, nomination by co-workers, and elections.
• Workplace safety committees shall be composed of at least two-thirds non-supervisory employees.
• Workplace safety committees shall be co-chaired by a non-supervisory employee and an employer representative.
• Employees may not be a member of two different workplace safety committees for same employer.

Rules of a Workplace Safety Committee

• A workplace safety committee may take actions consistent with the rules adopted by the committee.  If no such rules been adopted, only an action by majority vote is allowed.
• Rules can consist of but not limited to selection of new members, terms of members, and training of members.
• Committees may provide official training for members up to 4 hours once a year, without loss of pay.
• Meetings may be conducted at least once per quarter for a maximum of 2 work hours total of all meetings in that quarter.
• Meetings shall be scheduled to not unreasonably conflict with employers’ business operations, in accordance with the rules adopted by the committee.
• Committees, through the co-chairs, shall be responsible to notify changes to committee to the employer.
• Employees that work on workplace safety committee matters, aside from quarterly meetings, may not interfere with the performance of their work responsibilities.

Employer Obligations

• Respond, in writing, to each safety and health concern, hazard, complaint and/or other violation raised by the workplace safety committee in a reasonable amount of time.
• Respond to requests for policies or reports that relate to duties of the workplace safety committee.
• Provide notice to the workplace safety committee ahead of any visit by a governmental agency enforcing safety and health.
• Appoint an employer representative to the committee to act as a co-chair.
• Permit members of the workplace safety committee to attend meetings or trainings as outlined above.
• Employers shall not interfere with the performance of the duties of the workplace safety committee.
• Employers shall not be required to disclose information or documentation to the workplace safety committee where such disclosure is prohibited by law.

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