Section 28-307.1
§28-307.1 Obstruction of workplace exits prohibited. Except for the
exemptions specified in subdivision j of section 27-371 of the
administrative code or chapter 10 of the New York city building code, as
applicable, it shall be unlawful for an employer or the agent of an
employer to lock the doors of a workplace or otherwise obstruct or
prohibit exit from a workplace when such act may endanger the health or
safety of any employee, independent contractor or other individual in
such workplace in the event of a fire or other hazardous condition or
event. The commissioner shall classify a violation of this section as an
immediately hazardous violation. Notwithstanding any other provision of
this code, upon criminal conviction or civil adjudication of liability
for a violation of this section an additional fine or civil penalty of
not less than five thousand dollars nor more than twenty thousand
dollars shall be imposed for each employee, independent contractor or
other individual endangered by a violation of this section.
Section 28-307.1.1
§28-307.1.1 Notice. A sign shall be posted conspicuously at the
workplace of a person convicted of or found liable for a violation of
section 28-307.1. Such sign shall, in English, Spanish, Korean, Chinese
or any other language directed by the fire commissioner, provide notice
to employees of the acts prohibited by section 28-307.1 and of the
remedies for employer retaliation as set forth in section 28-307.3. The
sign shall be in a form and posted in a manner directed by the fire
commissioner and may contain any other information deemed necessary by
the fire commissioner or as recommended by the police commissioner or
the commissioner. The fire commissioner may, in the interest of public
safety, adopt a rule requiring the posting of such signs at other
workplaces.
Section 28-307.2
§28-307.2 Unannounced inspections of workplaces by fire department. In
addition to any other inspections required by law or rule, the fire
department shall conduct a minimum of fifty unannounced workplace
inspections annually to ensure the identification and abatement of any
hazardous conditions in violation of section 28-307.1. Such inspections
shall include, but not be limited to, sites where there are known or
suspected conditions affecting employee safety and health.
Section 28-307.3
§28-307.3 Retaliation. It shall be unlawful for an employer or the
agent of such employer to take a retaliatory action, as defined by
section 740 of the labor law, against an employee because of the lawful
acts of such employee in furtherance of a civil or criminal enforcement
proceeding arising out of the failure of such employer or agent to
comply with section 28-307.1. An employee who is the victim of such
retaliatory action may commence an action in any court of competent
jurisdiction for the relief provided for in this section and shall be
entitled to all relief necessary to make such employee whole. Lawful
acts of an employee shall include, but not be limited to, assisting in
the investigation and initiation of an enforcement proceeding alleging a
violation of section 28-307.1, providing testimony in any such
proceeding or providing other assistance in connection therewith. The
relief to which such employee shall be entitled shall include, but not
be limited to, (i) an injunction to restrain any adverse or retaliatory
action, (ii) reinstatement to the position such officer or employee
would have had but for such action, or to an equivalent position, (iii)
reinstatement of full benefits and seniority rights including payment of
any missed back pay, plus interest and (iv) compensation for any special
damages sustained as a result of such action, including litigation costs
and reasonable attorneys' fees.