Article 307 - WORKPLACE EXITS

Section 28-307.1

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

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

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

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.