new york state harassment training requirements 2023new york state harassment training requirements 2023

- 6/29/2023 New Act Expands Colorado Anti-Discrimination Law and Limits Non New York State A visual PSO conducting pre-start clearance observations must be notified again immediately prior to initiating ramp-up procedures and the operator must receive confirmation from the PSO to proceed. Members of the PSO team shall consult the NMFS NARW reporting system and Whale Alert, daily and as able, for the presence of NARWs throughout survey operations. Authorized takes are by Level B harassment only, in the form of disruption of behavioral patterns for individual marine mammals resulting from exposure to sound produced by the sparker or boomer. Of the ECR survey trackline, 1,440 km are in waters less than 20 m depth. Update: Take a look at your state labor law guide to see if there are any For the survey area, the monthly densities of each species as reported by Roberts and Halpin (2022) were averaged by season; thus, a density was calculated for each species for spring, summer, fall, and winter. For prospective PSOs not previously approved, or for PSOs whose approval is not current, NMFS must review and approve PSO qualifications. Comment 1: As discussed in the Potential Effects of Specified Activities on Marine Mammals and Their Habitat section, non-auditory physical effects, auditory physical effects, and vessel strike are not expected to occur. All vessels must maintain a minimum separation distance of 100 m from all humpback and mike whales. 1995; Wartzok and Ketten, 1999; Au and Hastings, 2008). - 6/26/2023 It is expected that each vessel would cover approximately 170 kilometers (km) per day based on the applicant's expectations regarding data acquisition efficiency, and there is up to 21,745 km (13,512 miles) of track line of survey effort planned; 14,025 km in the Lease Area and 7,720 km in the ECR area. Comment 6: For complete information about, and access to, our official publications The requirements outlined by the NYDOL are designed to provide minimum thresholds that should be customized based upon the needs of your company. NMFS reiterates that this IHA authorizes incidental take of marine mammals during marine site characterization survey activities and not offshore wind project construction and operation activities. Vessel's course/heading and what operations were being conducted (if applicable); 6. High Impact - Clients love the training! e.g., The total amount of takes authorized is less than 6 percent relative to the best available population abundance for any of the 16 managed stocks (highest being for the Western North Atlantic Migratory Coastal Stock of Bottlenose dolphins) (Table 3). 2023). The commenters offer no such evidence. Authorization for incidental takings shall be granted if NMFS finds that the taking will have a negligible impact on the species or stock(s) and will not have an unmitigable adverse impact on the availability of the species or stock(s) for taking for subsistence uses (where relevant). PSO resumes must be provided to NMFS for review and approval prior to the start of survey activities. New York State Legislature Passes Bill Banning Noncompete Agreements We note that while these factors can contribute to a basic calculation to provide an initial prediction of potential takes, additional information that can qualitatively inform take estimates is also sometimes available ( Form I-9 Inspection Requirement Compliance as COVID-19 Remote Verification Flexibility Sunsets, Washington States New My Health My Data Act Will Likely Result in Insurance Coverage Disputes. See NYLL 201-g(4). This important migratory area is approximately 269,488 km2 You can also access checklists, forms, sample policies, and a free Investigations training. are not part of the published document itself. Also, inherent in the concept of masking is the fact that the potential for the effect is only present during the times that the animal and the source are in close enough proximity for the effect to occur (and further this time period would need to coincide with a time that the animal was utilizing sounds at the masked frequency) and, as our analysis (both quantitative and qualitative components) indicates, because of the relative movement of whales and vessels, we do not expect these exposures with the potential for masking to be of a long duration within a given day. In contrast, the impacts incidental to AE's site characterization survey activities are primarily acoustic in nature resulting in behavioral disturbance. on April 21, 2023 (88 FR 24553) and was open for a 30-day comment period. Its human nature to have biases, especially unconscious ones. deploying, recovering, testing, shooting, data acquisition, other); g. Vessel location at time of sighting (decimal degrees); h. Direction of vessel's travel (compass direction); i. Harassment direct the Secretary of Commerce (as delegated to NMFS) to allow, upon request, the incidental, but not intentional, taking of small numbers of marine mammals by U.S. citizens who The legal prohibition against retaliation. The preamble for NMFS' implementing regulations (54 FR 40338, September 29, 1989) states in response to comments that the impacts from other past and ongoing anthropogenic activities are to be incorporated into the negligible impact analysis via their impacts on the baseline. It also sets out 5 steps that bystanders can take to intervene and stop or mitigate the effects of harassment (interrupt the harassment, seek help from a third party, make a record of the conduct, check in on the target, and confront the harasser). All New York employers with 5+ employees are required by law to train staff in Harassment Prevention each year. The input was instrumental in crafting this nation-leading policy that helps ensure all workspaces across New York State are free of sexual harassment. Comment 2. etc.) New York State Sexual Harassment Prevention Training Requirements New New S6748, proposes a limited ban of certain non Sexual Harassment Prevention Employer Toolkit - The of total estimated Level B harassment ensonified area associated with both the Lease Area and the ECR area surveys) and is comprised of the waters of the continental shelf offshore the East Coast of the United States, extending from Florida through Massachusetts. New York: NYC Int. NYSDOL, in consultation with NYS DHR, is currently revising training videos and online resources to help employees and employers identify sexual harassment and better understand their rights. Thus, NMFS would also not anticipate the impacts raised in this comment as a result of issuing this IHA for site characterization survey activities to AE. - Interviewer Training and Free Templates, Workbooks for Management and Staff Training, Options & Pricing - Satisfaction 100% Guaranteed. Employers affected: All employers Who must be trained: All employees Frequency: Annually Duration of the training: Not specified etc.). In particular, they would provide animals the opportunity to move away from the sound source before HRG survey equipment reaches full energy, thus preventing them from being exposed to sound levels that have the potential to cause injury. It also includes gender role stereotyping as a form of sexual harassment. A survey day is defined as a 24-hour (hr) activity period in which active acoustic sound sources are used. PSOs will visually monitor and identify marine mammals, including those approaching or entering the established Shutdown Zones during survey activities. AE is requesting take based on the worst-case-scenario between the equipment planned, which is the use of only the Dual Geo-Spark 2000Xbased on the largest estimated distance to the harassment criterion. The number of marine mammals expected to be incidentally taken during the total survey is then calculated by estimating the number of each species predicted to occur within the ensonified area (animals/km2 NMFS appreciates the commenters' concerns, but notes that no evidence is provided to substantiate this concern. informational resource until the Administrative Committee of the Federal ZOI. Employers can also opt to buy courses created by a private company. has no substantive legal effect. The Coastal Stock is assumed to generally occur in waters less than 20 m and the Offshore Stock in waters deeper than 20 m (65-ft) isobath. i.e., All rights reserved. These density models were originally developed for all cetacean taxa in the U.S. Atlantic (Roberts Partial or full necropsy examinations were conducted on approximately half of the whales. New York State Legislature Passes Bill Banning Noncompete Agreements Chicago Employers Must Complete New Sexual Harassment Trainings by July 1 Cannabis Legal Report - June 2023 #2 The public comment period provides a mechanism for external input, including the opportunity for new scientific information relevant to the proposed activities, to be submitted for agency consideration. The MMPA implementing regulations at 50 CFR 216.104(a)(13) indicate that requests for authorizations must include the suggested means of accomplishing the necessary monitoring and reporting that will result in increased knowledge of the species and of the level of taking or impacts on populations of marine mammals that are expected to be present while conducting the activities. NYSDOL held an in-person, This updated policy embodies the values of our state by prioritizing the safety and dignity of our workforce. What Are The New York Sexual Harassment Training Requirements Start Printed Page 41894 Id. i.e., In the event that personnel involved in the survey activities discover an injured or dead marine mammal, the incident must be reported to NMFS as soon as feasible by phone (8667556622) and by email ( When the sparker or boomer source is active and a marine mammal appears within or enters the applicable shutdown zone, the source must be shut down. Marine mammal density estimates in the survey area (animals/km2 (2007) retained. A detailed description of AE's planned HRG surveys is provided in the regulatory information on FederalRegister.gov with the objective of i.e., Estimated greatest average seasonal densities (animals/km2 Comment 4: For seals, given their size and behavior when in the water, seasonality, and feeding preferences, there is limited information available on species-specific distribution. For this IHA, only the harbor seals and gray seals are reasonably expected to occur in the survey area; densities of seals were split evenly between these two species. Resumes should include information related to relevant education, experience, and training, including dates, duration, location, and description of prior PSO experience. Engaging with workers, employers and advocates was a top priority during the revision process. Similarly, some commenters provided general concerns regarding recent whale stranding events on the Atlantic Coast, including speculation that the strandings may be related to wind energy development-related activities. A single marine mammal at the surface may indicate the presence of submerged animals in the vicinity of the vessel; therefore, precautionary measures should always be exercised. any day on which use of the sparker or boomer sources is planned to occur, and whenever the sparker or boomer source is in the water, whether activated or not), a minimum of one visual marine mammal observer (PSO) must be on duty on each source vessel and conducting visual observations at all times during daylight hours ( Such equipment, at a minimum, shall include: Reticle binoculars ( There is an ongoing Unusual Mortality Event (UME) for humpback whales along the Atlantic coast from Maine to Florida, which includes animals stranded since 2016. Practical examples aimed at instructing supervisors in the prevention of harassment, discrimination, and retaliation that is presented by experts in the field. NMFS does not anticipate that serious injury or mortality would occur as a result from HRG surveys, even in the absence of mitigation, and no serious injury or mortality is authorized. Simply click on the link above, and youll have access to the course on both your computer or mobile device. As noted previously, the survey area overlaps a migratory corridor BIA for NARWs that extends from Massachusetts to Florida and from the coast to beyond the shelf break. Remember, you should always consult a lawyer if you have questions on upcoming or existing legislation. If you have any concerns about minimum wage laws, its best to consult an employment lawyer. Therefore, the ensonified area surrounding each vessel is relatively small compared to the overall distribution of the animals in the area and their use of the habitat. the Lease Area and ECR) is between 1 and 65 meters (m) in water depth. My spouse would still get a boost in the amount she receives because I made more, but everything I put into the program vanishes. As required by some state and local laws, the training also addresses topics such as workplace civility, bullying, and bystander intervention. https://repository.library.noaa.gov/view/noaa/29291). RODA specifically noted concern regarding existing fishery restrictions as a result of other North Atlantic right whale protections. New York State also provides a modeltraining and model policy which set the standards for legal compliance. Vessel operators and crews must maintain a vigilant watch for all marine mammals and slow down, stop their vessel(s), or alter course, as appropriate and regardless of vessel size, to avoid striking any marine mammals. WebHigh Impact - Clients love the training! e.g., Sexual harassment training requirements by state 2023 - Homebase The newly adopted policy also offers additional examples of sexual harassment, including examples related to expectations based on perceived gender identities (i.e., Dress codes that place more emphasis on womens attire and Leaving parents/caregivers out of meetings). Several commenters expressed interest in understanding the outcome if the number of actual takes exceed the number authorized during construction of an offshore wind project ( New York Releases New Changes to its Model Sexual Harassment A detailed description of the species likely to be affected by AE's activities, including information regarding population trends, threats, and local occurrence, was provided in the The Lease Area does not include water depths below 30 m, only portions of the ECR area does (Figure 2). As noted previously, Level A harassment is not expected due to the small estimated zones in conjunction with the aforementioned shutdown requirements. This model policy was written so New Yorkers can better understand their rights at the workplace. Condition of the animal(s) (including carcass condition if the animal is dead); 4. New York. This section provides an estimate of the number of incidental takes authorized through the IHA, which informs both NMFS' small numbers, and the negligible impact determinations. WebStop Sexual Harassment Act Factsheet All employers in NYC are required to distribute the Stop Sexual Harassment in NYC Act fact sheet to individual employees at the time of hire, which may be included in an employee handbook. We have both english and spanish sexual harassment classes In addition to being temporary, the maximum expected harassment zone around a survey vessel is 141-m. Alternatively, employers may utilize the States model sexual harassment training for annual compliance. For unconditional approval, the PSO must have a minimum of 90 days at sea performing the role during a geophysical survey, with the conclusion of the most recent relevant experience not more than 18 months previous. 6. While commenters suggest generally that NMFS consider the best scientific evidence available, none of the commenters provided additional scientific information for NMFS to consider. NMFS Office of Protected Resources (OPR) has authorized take of four species of marine mammals which are listed under the ESA, including the North Atlantic right, fin, sei, and sperm whale, and has determined that these activities fall within the scope of activities analyzed in NMFS Greater Atlantic Regional Fisheries Office's (GARFO) programmatic consultation regarding geophysical surveys along the U.S. Atlantic coast in the three Atlantic Renewable Energy Regions (completed June 29, 2021; revised September 2021). Newly hired employees will have 90 days to complete the training. Any observations of marine mammals by crew members aboard any vessel associated with the survey shall be relayed to the PSO team. marine mammals immediately preceding the strike; 11. and services, go to Start Printed Page 41908 #realtalk Blog > Stay compliant > Sexual harassment tr. The remaining eight comments were from private citizens. Homebase works great for all hourly teams, including restaurants, retail, leisure and entertainment, healthcare, home and repair, and professional services businesses. i.e., pre-start clearance, ramp-up, shutdown, testing, shooting, ramp-up completion, end of operations, streamers, vibratory pile-driving, drilling) and above RMS SPL 160 dB re 1 Pa for non-explosive impulsive ( The report must include the following information: 1. That is approximately 3,955 km2 7 50) of appropriate quality (at least one per PSO, plus backups); The equipment specified above may be provided by an individual PSO, the third-party PSO provider, or the operator, but AE is responsible for ensuring PSOs have the proper equipment required to perform the duties specified in the IHA. that agencies use to create their documents. Homebase gives you modern tools and guidance to keep you compliant. Multiple commenters expressed concerns with what they characterize as the high amount of increased vessel traffic associated with the OSW projects throughout the region in areas transited or utilized by certain protected resources, as well as concern for vessel noise and increased risk for vessel strikes. notice for the detailed description of the specific activity. Environmental conditions while on visual survey (at beginning and end of PSO shift and whenever conditions change significantly), including BSS and any other relevant weather conditions including cloud cover, fog, sun glare, and overall visibility to the horizon; 13. www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-acoustic-technical-guidance. The MMPA does not define small numbers and so, in practice, where estimated numbers are available, NMFS compares the number of individuals taken to the most appropriate estimation of abundance of the relevant species or stock in our determination of whether an authorization is limited to small numbers of marine mammals. et al., 1361 whether the observed marine mammal(s) belongs to one of the delphinid genera for which shutdown is waived or one of the species with a larger shutdown zone), PSOs may use best professional judgment in making the decision to call for a shutdown. e.g., Marine mammal hearing groups and their associated hearing ranges are provided in Table 2. It is also an important step in showing that our states government is responsive to the needs and feedback of its workers, said New York State Division of Human Rights Commissioner Maria L. Imperial. Below, we discuss how densities were assumed to apply to specific species for which the Roberts and Halpin (2022) models provide results at the genus or guild level. An unconditionally-approved PSO is one who has attained the necessary experience. Start Printed Page 41901 Please note: We allow two demos per organization. should verify the contents of the documents against a final, official The model policy provides that an investigation will be started and completed as soon as possible, whereas the 2018 model policy stated only that the employer would do a timely investigation. In addition to the sexual harassment training requirements in Two of these comment letters were from non-governmental organizations: the Responsible Offshore Development Alliance (RODA) and Clean Ocean Action (COA), and one was from an elected local governmental official (Mayor of Borough of Seaside Park, New Jersey; Seaside Park). , This is not an exhaustive list of all of the changes in New York States model documents. (2007) on the basis of data indicating that phocid species have consistently demonstrated an extended frequency range of hearing compared to otariids, especially in the higher frequency range (Hemil The new model policy includes an expanded definition of sexual harassment, a new section on bystander intervention and updated information on how employees may report to outside agencies. ), incorporating the greatest seasonal estimated marine mammal densities as described above. The remaining 50 necropsied whales either had an undetermined cause of death (due to a limited examination or decomposition of the carcass), or had other causes of death including parasite-caused organ damage and starvation. e.g., e.g., WebNew York State Law requires that employers of one or more employees must conduct sexual harassment prevention training for all employees. side-scan sonar (SSS), multibeam echosounders (MBES)); gradiometers that have no acoustic output; non-impulsive, parametric sub-bottom profilers (SBPs) with narrow beamwidth; and medium-penetration SBP equipment ( Case studies and application exercises ensure comprehension. 202313719 Filed 62723; 8:45 am]. Learn more here. Start Printed Page 41895. The New York State Department of Labor (DOL), in consultation with the New York State Division of Human Rights (DHR), developed the updated model policy pursuant to its obligation to review the effectiveness of the States sexual harassment prevention program every four years. After that, the training must be given once every two years. Consistent with that direction, NMFS has factored into its negligible impact analysis the impacts of other past and ongoing anthropogenic activities via their impacts on the baseline, It will be the responsibility of the PSO(s) on duty to communicate the presence of marine mammals as well as to communicate the action(s) that are necessary to ensure mitigation and monitoring requirements are implemented as appropriate. e.g., Participants earn certificates after each interactive training session and certification test. In fact, as discussed in the Negligible Impact Analysis and Determination section later in this document, no greater than low-level behavioral harassment is expected for any affected species. et al., i.e., AE plans to use the Dual Geo-Spark 2000X (400 tip/800 J). 2024-2025 School Year Calendar - New York City Public Schools Thus, the specified activity for which incidental take coverage is being sought under section 101(a)(5)(D) is generally defined and described by the applicant. All New York employers are required to either adopt the model policy or implement written sexual harassment prevention policies that meet or exceed the standards set out in the states Labor Law. et seq.) e.g., We note the Marine Mammal Commission's recent statement: There continues to be no evidence to link these large whale strandings to offshore wind energy development, including no evidence to link them to sound emitted during wind development-related site characterization surveys, known as HRG surveys.