Bill Text: NY S05081 | 2023-2024 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Establishes the warehouse worker injury reduction program; requires employers to establish an injury reduction program designed to identify and minimize the risks of musculoskeletal injuries and disorders among workers involved in performing manual materials handling tasks.
Spectrum: Partisan Bill (Democrat 20-0)
Status: (Passed) 2024-12-21 - APPROVAL MEMO.82 [S05081 Detail]
Download: New_York-2023-S05081-Introduced.html
Bill Title: Establishes the warehouse worker injury reduction program; requires employers to establish an injury reduction program designed to identify and minimize the risks of musculoskeletal injuries and disorders among workers involved in performing manual materials handling tasks.
Spectrum: Partisan Bill (Democrat 20-0)
Status: (Passed) 2024-12-21 - APPROVAL MEMO.82 [S05081 Detail]
Download: New_York-2023-S05081-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5081 2023-2024 Regular Sessions IN SENATE February 22, 2023 ___________ Introduced by Sen. RAMOS -- read twice and ordered printed, and when printed to be committed to the Committee on Labor AN ACT to amend the labor law, in relation to establishing the warehouse worker injury reduction program The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act shall be known and may be cited as the "warehouse 2 worker injury reduction program". 3 § 2. Legislative findings. The legislature finds and declares that: 4 (a) Workplace injuries can take a terrible toll on workers, their 5 families and their communities, and can create substantial costs for 6 employers. According to the most recent data (2020) released by the 7 Bureau of Labor Statistics, the warehouse industry itself reports a rate 8 of serious work-related injuries involving lost time or restricted duty 9 (4.0 cases/100 full-time workers) that is more than twice the average 10 injury rates for all private industry (1.7 cases/100 full-time workers). 11 The most common types of work-related serious injury reported by employ- 12 ers in the warehouse sector are musculoskeletal injuries, which often 13 require workers to miss work and can force workers permanently out of 14 the job and even out of the workforce. 15 (b) Warehouse companies often require workers to perform fast paced 16 manual material handling tasks. These involve well-known risk factors 17 for serious injury such as rapid pace, repetitive forceful exertions 18 like lifting heavy packages, and awkward postures like twisting/bending, 19 and combinations thereof that are likely to cause musculoskeletal inju- 20 ries. Scientific evidence shows that effective ergonomic interventions, 21 such as reducing the pace, package weights and stressful postures, can 22 lower the incidence and severity of work-related musculoskeletal inju- 23 ries. The research is clear that the most effective method for reducing 24 or eliminating these risk factors is to implement an ergonomics program 25 that includes well-informed analysis of the worksite, implementation of EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08912-01-3S. 5081 2 1 solutions to reduce the dangerous risk factors, professionally competent 2 medical management, effective worker training, and meaningful involve- 3 ment by workers and their representatives in all aspects of the program. 4 § 3. The labor law is amended by adding a new article 21-B to read as 5 follows: 6 ARTICLE 21-B 7 WAREHOUSE WORKER INJURY REDUCTION ACT 8 Section 790. Definitions. 9 791. Injury reduction program. 10 792. Unlawful retaliation. 11 793. Subpoena. 12 794. Enforcement. 13 795. Private right of action. 14 796. Records. 15 797. Other powers. 16 § 790. Definitions. As used in this article: 17 1. "Employer" means a person who directly or indirectly, or through an 18 agent or any other person, including through the services of a third- 19 party employer, temporary services, or staffing agency, independent 20 contractor, or any similar entity, at any time in the prior twelve 21 months, employs or exercises control over the wages, hours, or working 22 conditions of one hundred or more employees at a single warehouse 23 distribution center or five hundred or more employees at one or more 24 warehouse distribution centers in the state. 25 For the purposes of this subdivision: (a) all employees employed 26 directly or indirectly, or through an agent or any other person, as 27 described in the opening paragraph of this subdivision, as well as any 28 employee employed by a member of a controlled group of corporations of 29 which the employer is a member, shall be counted in determining the 30 number of employees employed at a single warehouse distribution center 31 or at one or more warehouse distribution centers in the state; and (b) 32 all agents or other persons, as described in the opening paragraph of 33 this subdivision, and all members of a controlled group of corporations 34 of which the employer is a member, shall be deemed to be employers and 35 shall be jointly and severally responsible for compliance with this 36 article. For purposes of this subdivision, the term "controlled group of 37 corporations" shall be defined as provided under Section 1563 of the 38 Internal Revenue Code, 26 U.S.C. section 1563, except that fifty percent 39 shall be substituted for eighty percent where eighty percent is speci- 40 fied in that definition. 41 2. "Musculoskeletal injuries and disorders" means work related inju- 42 ries, or disorders, of the muscles, nerves, tendons, ligaments, joints, 43 cartilage of the upper and lower limbs, neck and lower back (including 44 spinal discs) that: (a) are caused by sudden or sustained physical 45 exertion; or (b) are not the result of any instantaneous non-exertion 46 event, such as slips, trips, or falls. 47 3. "Person" means an individual, corporation, partnership, limited 48 partnership, limited liability partnership, limited liability company, 49 business trust, estate, trust, association, joint venture, agency, 50 instrumentality, or any other legal or commercial entity, whether domes- 51 tic or foreign. 52 4. "Qualified ergonomist" means an ergonomist who is able to demon- 53 strate proficiency in the core, minimum competencies of ergonomics and 54 injury prevention, as defined by the commissioner. Until the commission- 55 er defines such competencies and approves ergonomists in accordance with 56 such competencies, consultants approved by the commissioner under 12S. 5081 3 1 NYCRR 59 and 60 with a credential as a certified safety professional or 2 certified industrial hygienist shall be deemed to qualify as an ergonom- 3 ist. 4 5. "Warehouse distribution center" means an establishment as defined 5 by any of the following North American industry classification system 6 ("NAICS") codes, however such establishment is denominated: 7 (a) four hundred ninety-three for warehousing and storage; 8 (b) four hundred twenty-three for merchant wholesalers, durable goods; 9 (c) four hundred twenty-four for merchant wholesalers, nondurable 10 goods; 11 (d) four hundred fifty-four thousand one hundred ten for electronic 12 shopping and mail-order houses; or 13 (e) four hundred ninety-two thousand one hundred ten for couriers and 14 express delivery services. 15 § 791. Injury reduction program. 1. Every employer subject to this 16 section shall establish and implement an injury reduction program 17 designed to identify and minimize the risks of musculoskeletal injuries 18 and disorders among workers involved in performing manual materials 19 handling tasks. The program shall include: worksite evaluation; control 20 of exposures, including pace, which have caused or have the potential to 21 cause musculoskeletal injuries and disorders; employee training; medical 22 management; and employee involvement. 23 2. The employer shall ensure that each job, process, or operation of 24 work activity covered by this section or a representative number of such 25 jobs, processes, or operations of identical work activities shall have a 26 written work site evaluation by a qualified ergonomist for risk factors 27 which have or are likely to cause musculoskeletal injuries and disor- 28 ders. Such risk factors shall include, but are not limited to, rapid 29 pace, forceful exertions, repetitive motions, twisting, bending, and 30 awkward postures and combinations thereof that had caused or are likely 31 to cause musculoskeletal injuries and disorders. 32 (a) Any worksite evaluations shall also determine whether any employ- 33 ees exposed to such risk factors are subject to either personnel action 34 with the potential for adverse action, or adverse action or termination 35 themselves, arising in whole or in part from an employer's use of quotas 36 to determine employee assignments. 37 (b) All such worksite evaluations shall obtain recommendations from 38 workers who regularly perform those jobs on the possible risk factors 39 and any workplace changes that can reduce such risk factors. 40 (c) Copies of such worksite risk factor evaluations shall be made 41 available to workers and their representatives upon request, at no cost, 42 within one business day of such request. Workers and their represen- 43 tatives shall be notified in writing of the results of the worksite 44 evaluation. Employers shall maintain accessible copies of such evalu- 45 ations at locations within the warehouse and shall make such copies 46 readily available to workers. 47 (d) An initial worksite evaluation shall be conducted within three 48 months after the effective date of this article. Worksite evaluations 49 shall be reviewed and updated at least annually thereafter. A new analy- 50 sis of risk factors shall be conducted in accordance with the provisions 51 of subdivision one of this section whenever a new job, process, or oper- 52 ation is introduced which could increase the risk factors for musculosk- 53 eletal injuries and disorders. Such new analysis shall be conducted 54 within thirty days of the creation or change of a job, process or opera- 55 tion.S. 5081 4 1 (e) Within three months of the effective date of this article, the 2 commissioner shall form a task force chaired by a recognized academic 3 leader in the field of ergonomics in New York state and including, but 4 not limited to, representatives from the warehouse workforce, labor 5 organizations active in the warehousing industry, and employers in the 6 industry, to recommend the core competencies required for the certif- 7 ication of qualified ergonomists. Within six months of the effective 8 date of this article, the commissioner shall adopt a standard and proc- 9 ess for certifying qualified ergonomists based on the recommendations of 10 the task force. 11 3. The employer shall correct in a timely manner any risk factors 12 identified as having caused or being likely to cause musculoskeletal 13 injuries and disorders. For any corrections which require more than 14 thirty days to complete, the employer shall revise, as needed, and 15 provide a schedule for such proposed corrections. Such schedule shall be 16 included in the evaluations provided to workers and their represen- 17 tatives. 18 (a) Where the employer demonstrates that it is unable to eliminate 19 identified risk factors, the employer shall minimize the exposures to 20 the extent feasible. 21 (b) In reducing risk factors, the employer shall consider: 22 (i) engineering controls and redesigning work stations to change 23 shelving heights, provide adjustable fixtures or tool redesign; and 24 (ii) administrative controls, such as job rotation which reduces the 25 exposure to risk factors, reduced work pacing or additional work breaks. 26 (c) Employers shall maintain records of steps taken to eliminate or 27 reduce risk factors and shall make copies available to workers and their 28 representatives upon request. 29 4. All employers covered by this section shall provide injury 30 reduction training to all employees involved in performing manual mate- 31 rials handling jobs and tasks at the warehouse during normal work hours 32 and without suffering a loss of pay. Such training shall be provided in 33 a language and vocabulary that the workers understand and shall be 34 repeated annually. The training shall also be provided to the workers' 35 supervisors. Such training shall be in addition to the training required 36 under section twenty-seven-d of this chapter and shall include: 37 (a) The early symptoms of musculoskeletal injuries and disorders and 38 the importance of early detection; 39 (b) Musculoskeletal injury and disorder risk factors and exposures at 40 work, including the hazards posed by excessive rates of work; 41 (c) Methods to reduce risk factors for musculoskeletal injuries and 42 disorders, including both engineering controls and administrative 43 controls, such as limitations on work pace and increased scheduled and 44 unscheduled breaks; 45 (d) The employer's program to identify risk factors as required under 46 this section and prevent musculoskeletal injuries and disorders, includ- 47 ing the summary protocols for medical treatment approved by the employ- 48 er's medical consultant; 49 (e) The rights and function of workplace safety committees established 50 under section twenty-seven-d of this chapter and the rights of employees 51 to report any risk factors, other hazards, injuries or health and safety 52 concerns; and 53 (f) Training on the unlawful retaliation of any provision in this 54 section, including the disciplinary actions required when supervisors or 55 managers violate the law or policy, as well as the employer's policy 56 prohibiting any workplace discrimination.S. 5081 5 1 5. Any on-site medical office or first aid station that sees workers 2 in warehouses covered by this section with symptoms of musculoskeletal 3 injuries and disorders shall be staffed with medical professionals oper- 4 ating within their legal scope of practice. 5 (a) Employers shall ensure that staffing and the practice of any first 6 aid or medical station meets state requirements for physician super- 7 vision of nurses, emergency medical technicians or other non-physician 8 personnel. 9 (b) In all warehouses where employers require that workers with signs 10 and symptoms of musculoskeletal injuries and disorders shall first be 11 seen by an on-site medical or first aid provider or have the approval of 12 the employer prior to being sent to a doctor, the employer shall consult 13 with a medical consultant who is licensed by New York state and board 14 certified in occupational medicine. 15 (i) The employer shall obtain from the medical consultant a written 16 evaluation of the medical management program and protocols followed in 17 the warehouse for identification and treatment of musculoskeletal inju- 18 ries and disorders and shall include recommendations to ensure compli- 19 ance with accepted medical practice of the staffing, supervision and 20 documentation of medical treatment protocols. 21 (ii) The employer shall obtain from the medical consultant a summary 22 of treatment protocols suitable for worker patients covering all aspects 23 of the medical management practices, from early detection of musculosk- 24 eletal injuries and disorders through evaluation by a qualified physi- 25 cian and physician provision of appropriate work restrictions in 26 languages understood by the employees. 27 (iii) The employer shall ensure that the medical consultant reviews 28 the previous medical consultant evaluation, related materials and proto- 29 cols on an annual basis, and recommends changes as appropriate. 30 (iv) The employer shall ensure that all designated medical and first 31 aid providers have observed, in person, the jobs involving manual mate- 32 rials handling within the warehouse and all risk factors identified in 33 the evaluation conducted under the medical consultant evaluation. 34 (c) There shall be no unnecessary delays in the provision of adequate 35 medical care to workers who report injuries to the on-site medical 36 services. 37 (d) Each employer shall ensure that no supervisory or managerial 38 employee or other person discriminates or retaliates against any 39 current, former, or prospective employee or other person for reporting a 40 work-related injury or illness, or health and safety concern. 41 6. Employers shall ensure that employees and their designated repre- 42 sentatives are consulted both before and during the development and 43 implementation of all aspects of the program. Where employees have 44 established a workplace safety committee in compliance with section 45 twenty-seven-d of this chapter, the employer shall ensure that the 46 committee is consulted regarding the development and implementation of 47 all aspects of the injury reduction program. Any record created by the 48 employer according to this section shall be provided to the workplace 49 safety committee prior to consultation. All documents provided to 50 employees shall be provided in writing in English and in the language 51 identified by each employee as the primary language of such employee. 52 § 792. Unlawful retaliation. 1. No person, including but not limited 53 to an employer, his or her agent, or person acting as or on behalf of a 54 hiring entity, or the officer or agent of any entity, business, corpo- 55 ration, partnership, or limited liability company, shall discharge or in 56 any way retaliate, discriminate or take adverse action against anyS. 5081 6 1 person for exercising any rights conferred under this article, or for 2 being perceived as exercising rights conferred by this article, includ- 3 ing, but not limited to, making a complaint related to section seven 4 hundred ninety-one of this article. 5 2. An employee need not explicitly refer to this article or the rights 6 enumerated herein to be protected from an adverse action. Protections of 7 this section shall apply to former employees and to employees who 8 mistakenly but in good faith allege violations of this article. 9 3. If a person takes adverse action against an employee within ninety 10 days of the employee's engaging or attempting to engage in activities 11 protected by this article, such conduct shall raise a rebuttable 12 presumption that the action is an adverse action in violation of this 13 article. Such presumption may be rebutted by clear and convincing 14 evidence that: (a) the action was taken for other permissible reasons; 15 and (b) the engaging or attempting to engage in activities protected by 16 this article was not a motivating factor in the adverse action. 17 § 793. Subpoena. Upon receiving a complaint regarding a violation of 18 this article, the commissioner may request or subpoena employer records 19 or data related to this article. 20 § 794. Enforcement. 1. The commissioner shall be authorized to enforce 21 the provisions of this article. 22 2. (a) Any employee or representative of employees who believes that 23 an employer may violate the requirements of this article or that an 24 imminent danger exists, may request an inspection by giving notice to 25 the commissioner of such violation or danger. Such notice and request 26 shall: 27 (i) be in writing, either physical or electronic; 28 (ii) set forth with reasonable particularity the grounds for the 29 notice; 30 (iii) be signed by the employee or representative of employees; 31 (iv) be provided by the commissioner to the employer or the person in 32 charge no later than the time of inspection, except that the name of the 33 person giving notice to the commissioner and the names of individual 34 employees or representatives of employees shall be withheld unless such 35 employees or representatives have provided express written permission 36 for such information to be shared. 37 (b) Inspections pursuant to this subdivision shall be made within 38 three days of receipt of notice by the commissioner. 39 3. A representative of the employer and a designated employee repre- 40 sentative shall be given the opportunity to accompany the commissioner 41 during an inspection for the purpose of aiding such inspection. A labor 42 union having a collective bargaining relationship with the employer 43 shall be considered an employee representative for the purposes of this 44 section. Where there is no designated employee representative, the 45 commissioner shall consult with a reasonable number of employees 46 concerning matters of safety and health in the workplace. 47 4. The authority of the commissioner to inspect premises pursuant to 48 an employee complaint shall not be limited to the alleged violation 49 contained in such complaint. The commissioner may inspect any other area 50 of the premises in which he or she has reason to believe that a 51 violation of this article exists. 52 5. No employee or designated employee representative who accompanies 53 the commissioner on an inspection shall suffer any reduction in wages as 54 a result of his or her participation in such inspection. 55 6. The commissioner may, upon his or her own initiative, conduct an 56 inspection of any premises occupied by an employer if the commissionerS. 5081 7 1 has reason to believe that a violation of this article has occurred or 2 if the commissioner has a basis for such inspection. 3 7. Notwithstanding any other provisions of law, when a request for an 4 inspection has been made in a situation where there is an allegation of 5 an imminent danger such that an employee would be subjecting himself or 6 herself to serious injury or death because of the hazardous condition in 7 the workplace, the inspection shall be carried out immediately. 8 8. If the commissioner determines that an employer has violated a 9 provision of this article, or a safety or health standard or regulation 10 promulgated pursuant to this article, he or she shall, within six months 11 of becoming aware of such violation, issue to the employer an order to 12 comply which shall describe particularly the nature of the violation, 13 including a reference to the provision of the section, standard, regu- 14 lation or order alleged to have been violated, fix a reasonable time for 15 compliance, and establish a penalty equivalent to the appropriate penal- 16 ties required pursuant to section 666 of the federal Occupational Safety 17 and Health Act (29 USC ch. 15). An employer who fails to correct a non- 18 serious violation by the time fixed for compliance may be assessed a 19 civil penalty equivalent to the penalties assessed pursuant to 29 USC 20 666 per day until the violation is corrected. An employer who fails to 21 correct a serious violation by the time fixed for compliance may be 22 assessed a civil penalty equivalent to the penalties assessed pursuant 23 to 29 USC 666 until the violation is corrected. A serious violation 24 shall be deemed to exist in a place of employment if there is a substan- 25 tial probability that death or serious physical harm could result from a 26 condition which exists or from one or more practices, means, methods, 27 operations, or processes which have been adopted or are in use in such 28 place of employment unless the employer did not, and could not with the 29 exercise of reasonable diligence, know of the presence of the violation. 30 A non-serious violation shall be defined as any violation that does not 31 fall under the definition of serious violation. 32 9. Where the commissioner issues to an employer an order to comply, 33 the employer shall post such order or a copy thereof in a conspicuous 34 place at or near each place of violation cited in the order. The order 35 shall be placed where it is clearly visible to affected employees and 36 copies shall be provided to employees, on request, and to the designated 37 representatives of all affected employees. The commissioner shall make 38 such order available to employee representatives and provide a plain 39 English summary of the order to all workers. 40 10. Any employer or other party affected by a determination of the 41 commissioner issued pursuant to this section, including affected employ- 42 ees and their designated representatives, may petition the industrial 43 board of appeals for review of such determination in accordance with 44 section one hundred one of this chapter. Judicial review of the decision 45 of the industrial board of appeals may be obtained by any party affected 46 by such decision by commencing a proceeding pursuant to article seven- 47 ty-eight of the civil practice law and rules within sixty days after 48 such decision is issued. An appeal of any violation classified and cited 49 as serious, willful, repeated serious violation, or failure to abate a 50 serious violation shall not stay abatement dates and requirements. 51 Employees affected by the violation covered by such determination shall 52 be granted status as parties to: participate in the board's proceedings; 53 review any aspect of the commissioner's determinations; and request the 54 issuance of subpoenas to compel the attendance of witnesses, production 55 of documents, permission to enter upon land, interrogatories and deposi- 56 tions from affected employers and from the department pursuant toS. 5081 8 1 section one hundred of this chapter. The board shall grant such requests 2 except that requests for depositions shall be granted by the board upon 3 a request stating good and just reasons. 4 11. If the time for compliance with an order of the commissioner 5 issued pursuant to this section has elapsed and the employer has not 6 complied with the provisions of the order, the commissioner shall seek 7 judicial enforcement of such order by commencing a proceeding pursuant 8 to article seventy-eight of the civil practice law and rules. 9 12. (a) The state supreme court shall have jurisdiction, upon petition 10 of the commissioner, pursuant to the civil practice law and rules to 11 restrain any violations, conditions or practices prohibited by this 12 article in any employer covered by this article which are such that a 13 danger exists which could reasonably be expected to cause death or seri- 14 ous physical harm immediately or before the imminence of such danger can 15 be eliminated through the abatement procedures otherwise provided for by 16 this article. Such proceeding shall be brought in the county in which 17 the violation is alleged to exist. Any order issued under this section 18 may require such steps to be taken as may be necessary to avoid, correct 19 or remove such imminent danger and prohibit the employment or presence 20 of any individual in locations or under conditions where such imminent 21 danger exists, except individuals whose presence is necessary to avoid, 22 correct, or remove such imminent danger or to maintain the capacity of a 23 continuous process operation to resume normal operations without a 24 complete cessation of operations, or where a cessation of operations is 25 necessary, to permit such to be accomplished in a safe and orderly 26 manner. The employer may contest such order pursuant to the civil prac- 27 tice law and rules. 28 (b) Whenever and as soon as an inspector concludes that conditions or 29 practices described in paragraph (a) of this subdivision exist in any 30 place of employment covered by this article, the inspector shall inform 31 the affected employees and employers of the danger and of the recommen- 32 dation to the commissioner that relief be sought. 33 (c) If the commissioner fails to seek relief under this subdivision 34 within forty-eight hours of being notified of such condition, any 35 employee who may be injured by reason of such failure, or the authorized 36 employee representative of such employee, may seek injunctive relief as 37 provided in paragraph (a) of this subdivision. 38 13. The commissioner shall provide a report to the legislature one 39 year after the effective date of this section and annually thereafter. 40 The report shall include all relevant information regarding implementa- 41 tion and enforcement of this article, including, but not limited to, the 42 number of claims filed with the commissioner under this article and the 43 number of investigations undertaken and enforcement actions initiated, 44 per employer and per worksite. 45 14. If a particular worksite or employer is found to have an annual 46 employee injury rate at least one and one-half times as high as the 47 warehousing industry's average annual injury rate, the commissioner 48 shall conduct an investigation of the facility to assess whether the 49 employer is adequately protecting workers from musculoskeletal injuries 50 and disorders according to section seven hundred ninety-one of this 51 article and of violations pursuant to this article. 52 15. The commissioner shall have the authority to adopt rules and regu- 53 lations relating to the procedures for an employee to make a complaint 54 alleging a violation of this article. 55 16. In any successful action brought by the commissioner to enforce 56 this article, the court may grant injunctive relief in order to obtainS. 5081 9 1 compliance with this article and shall award costs and reasonable attor- 2 ney's fees. 3 § 795. Private right of action. A current or former employee or his or 4 her representative may bring an action for injunctive relief to obtain 5 compliance with this article and may, upon prevailing in the action, 6 recover costs and reasonable attorney's fees in such action. In any 7 action involving a quota that prevented the compliance with applicable 8 regulations on workplace safety and health or meal or rest break 9 requirements, the injunctive relief shall be limited to suspension of 10 the quota and restitution and injunctive relief to address any retali- 11 ation or other adverse action taken by the employer in relation to the 12 complaint or its enforcement. In any action involving a retaliation in 13 violation of section seven hundred ninety-two of this article, in addi- 14 tion to the relief authorized above, a prevailing current or former 15 employee or his or her representative shall be awarded damages equal to 16 the greater of ten thousand dollars or three times the actual damages, 17 including, but not limited to, unpaid wages and benefits. 18 § 796. Records. Any record collected by the state in any investigation 19 under this article shall be made public, without any restriction regard- 20 ing confidentiality, other than a restriction on the release of 21 personally identifiable information for individual non-supervisory 22 employees. All records maintained by the employer under this article 23 shall be made freely available to employees and their representatives on 24 request, within two business days of such request, at no cost to employ- 25 ees or their representatives. 26 § 797. Other powers. The attorney general, either upon his or her own 27 complaint or the complaint of any person acting for themselves or the 28 general public, has the authority to prosecute actions, either civil or 29 criminal, for violations of this article, or to enforce the provisions 30 thereof independently and without specific direction of the commission- 31 er. 32 § 4. Severability. If any provision of this act, or any application of 33 any provision of this act, is held to be invalid, that shall not affect 34 the validity or effectiveness of any other provision of this act, or of 35 any other application of any provision of this act, which can be given 36 effect without that provision or application; and to that end, the 37 provisions and applications of this act are severable. 38 § 5. This act shall take effect on the sixtieth day after it shall 39 have become a law.
