new york state harassment training requirements 2023

New York State Weve got you covered with a complete harassment prevention program: training, compliance reporting, and resources for upholding requirements. and NOAA Administrative Order (NAO) 2166A, NMFS must review our proposed action ( 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. , the changes in New York States model documents. New York. Jill Ashton: A new approach to end gender-based violence and understanding that at times this may not be possible ( through May 22, 2023). The policy explains gender diversity and defines sexual harassment as including discrimination based on sex stereotypes, gender expression, and perceived identity. Dates of departures and returns to port with port name; 4. 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. For all non-ESA-listed marine mammals, the shutdown zone during use of the boomer is 50 m (050 m). Effective reporting is critical both to compliance as well as ensuring that the most value is obtained from the required monitoring. See NYLL 201-g(4). Reporting Measures). The training applies solid instructional design methodology and is interactive. i.e., The model policy provides that employees witnessing harassment as bystanders are encouraged to report it. Homebase makes managing hourly work easier for over 100,000 local businesses. on NARA's archives.gov. notice for the proposed IHA (88 FR 24553, April 21, 2023) shows the source parameters associated with this proxy. However, Crocker and Fratantonio (2016) did not measure the Dual Geo-Spark or a source with an energy of 800 J. A survey day is defined as a 24-hour (hr) activity period in which active acoustic sound sources are used. NMFS' stock abundance estimates for most species represent the total estimate of individuals within the geographic area, if known, that comprises that stock. DC Court Holds That ESA Section 7 Does Not Give the Benefit of the Doubt to Listed Species, New York State Legislature Passes Bill Banning Noncompete Agreements. dead, injured but alive, injured and moving, blood or tissue observed in the water, status unknown, disappeared); and. , Even if you have sexual harassment prevention training and a policy, your materials may not be compliant with the new standards articulated by the State. 2023 Annual Cycle Training Now Available NYSED Financial Reporting At the end of the training, you will receive a certificate of completion. Resumes must be accompanied by relevant documentation of successful completion of necessary training. The draft report shall also include geo-referenced, time-stamped vessel tracklines for all time periods during which acoustic sources were operating. S3100A, proposes a ban on all non-compete agreements, while the second, Bill No. Position data would be recorded using hand-held or vessel GPS units for each sighting. NMFS expects that all potential takes would be in the form of Level B harassment in the form of temporary avoidance of the area or decreased foraging (if such activity was occurring), reactions that are considered to be of low severity and with no lasting biological consequences ( WebThis following information are the training requirements for the state of New York. provide legal notice to the public or judicial notice to the courts. ); and Visual PSOs shall coordinate to ensure 360 visual coverage around the vessel from the most appropriate observation posts and shall conduct visual observations using binoculars and the naked eye while free from distractions and in a consistent, systematic, and diligent manner. 201-g(1). Additionally, only very limited take by Level B harassment of NARWs has been requested and is being authorized by NMFS as HRG survey operations are required to maintain and implement a 500-m shutdown zone. In this case, NMFS received AE's initial application on December 28, 2023 and completed several rounds of agency review and analysis before considering the application adequate and complete on February 22, 2023. NYSDOL held an in-person, This updated policy embodies the values of our state by prioritizing the safety and dignity of our workforce. New York State requires all employers to provide annual sexual harassment prevention training and a harassment policy to its employees. et al., While the updated policy maintains the reasonable person standard for determining whether harassment has occurred, the policy, in eliminating intent as a defense, states, The impact of the behavior on a person is what counts. In sum, even if a harasser does not intend to harass, there may still be harassment and their lack of intent to harass is not a defense. Response: Federal Register 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. The new policy states that supervisors must not wait for a complaint before reporting sexual harassment and warns that a supervisor who knows of harassment and fails to report it may be disciplined. i.e., www.fisheries.noaa.gov/national/endangered-species-conservation/reducing-ship-strikes-north-atlantic-right-whales Please review the comment letters for full details regarding the comments and associated rationale. Exceeds State and Federal Law requirements, Multi-State: CA, CT, DE, IL, MI, NY, WA, and National, Full Year Access to training and resource library. Although the law has not changed, there are multiple revisions to the model policy and training. Its human nature to have biases, especially unconscious ones. There are two stocks of bottlenose dolphins that may be impacted by the surveys (Western North Atlantic Northern Migratory Coastal Stock (coastal stock) and the Western North Atlantic Offshore Stock (offshore stock)). et al. Nelson Mandela would walk into a room, and it would light up immediately. Upon visual observation of any marine mammal, the following information must be recorded: a. marine mammal prey species, acoustic habitat, or other important physical components of marine mammal habitat); and. New York State requires all employers to provide annual sexual harassment prevention training and a harassment policy to its employees. In order to issue an IHA for an activity, section 101(a)(5)(D) of the MMPA states that NMFS must set forth requirements pertaining to the monitoring and reporting of such taking. 2024-2025 School Year Calendar. intensity, duration), the context of any impacts or responses ( https://www.boem.gov/renewable-energy. https://www.fisheries.noaa.gov/find-species) for generalized species accounts. The updated Sexual Harassment Model Policy also addresses gender identity and sexual harassment. Until 2019, under the New York State Human Rights Law (NYSHRL), a plaintiff had to show that harassment was severe and pervasive to have a claim. Eliminates the 30-day investigation completion deadline outlined in the 2018 policy. Therefore, while NMFS has the authority to modify, suspend, or revoke an IHA if the IHA holder fails to abide by the conditions prescribed therein (including, but not limited to, failure to comply with monitoring or reporting requirements), or if NMFS determines that (1) the authorized taking is having or is likely to have more than a negligible impact on the species or stocks of affected marine mammals, or (2) the prescribed measures are likely not or are not effecting the least practicable adverse impact on the affected species or stocks and their habitat, it is not within NMFS' jurisdiction to impose a moratorium on offshore wind development or to require surveys to cease on the basis of unsupported speculation. The population abundance for gray seals in the United States is over 27,000, with an estimated abundance, including seals in Canada, of approximately 450,000. Comment 4: https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act. as reflected in the regulatory status of the species, population size and growth rate where known, ongoing sources of human-caused mortality, or ambient noise levels). Watch status (sighting made by PSO on/off effort, opportunistic, crew, alternate vessel/platform); b. Vessel/survey activity at time of sighting ( night-vision goggles with thermal clip-ons and infrared technology) would be used. Response: The updated policy, drafted in consultation with the New York State Division of Human Rights (NYS DHR), adds new language to include remote workers, defines different gender identities and expands on gender discrimination, and provides examples of sexual harassment and retaliation across a broader spectrum of careers. We make it simple to get into compliance! NMFS has determined that OSW development projects may impact several Northeast Fisheries Science Center (NEFSC) surveys, including aerial surveys for protected species. Subsequently, employers must provide sexual harassment training to all employees each year. All vessels must, to the maximum extent practicable, attempt to maintain a minimum separation distance of 50 m from all other marine mammals, with an Participants earn certificates after each interactive training session and certification test. e.g., The survey vessel, regardless of length, would be required to adhere to vessel speed restrictions (<10 knots (18.52 km/h)) when operating within the SMA during times when the SMA is active (Table 4). (NY State Law), EEO Posters in English, Spanish, Chinese and Arabic. Where: Therefore, that information is not repeated here; please refer to the My spouse would still get a boost in the amount she receives because I made more, but everything I put into the program vanishes. You have employees working in states other than The Lease Area does not include water depths below 30 m, only portions of the ECR area does (Figure 2). 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. notice for the proposed IHA (88 FR 24553, April 21, 2023). Check out our about us page, read our blog, learn more about career opportunities, visit our press page, or read more about our coronavirus data. NMFS recommends the use of acoustic thresholds that identify the received level of underwater sound above which exposed marine mammals would be reasonably expected to be behaviorally harassed (equated to Level B harassment) or to incur permanent threshold shift (PTS) of some degree (equated to Level A harassment). Please note: We allow two demos per organization. Steno, Delphinus, Lagenorhynchus, Stenella, These can be useful For this IHA, NMFS did not authorize any take of marine mammals incidental to vessel strike resulting from the survey. Visit the store to see which option is best for you, then start immediately by sharing the training link and directions with staff. A conditionally-approved PSO may be one who is trained but has not yet attained the requisite experience. For North Atlantic right whales in particular, it is considered unlikely, as a result of the required precautionary shutdown zone ( 97228, at 19 (September 16, 1981)), and relevant case law (Center for Biological Diversity v. Salazar, 695 F.3d 893, 907 (9th Cir. That notice described, in detail, AE's proposed activities, the marine mammal species that may be affected by the activities, and the anticipated effects on marine mammals. i.e., This action is consistent with categories of activities identified in Categorical Exclusion B4 (IHAs with no anticipated serious injury or mortality) of the Companion Manual for NOAA Administrative Order 2166A, which do not individually or cumulatively have the potential for significant impacts on the quality of the human environment and for which we have not identified any extraordinary circumstances that would preclude this categorical exclusion. If you believe that you have been sexually harassed, you should report The total tracklines in waters deeper than 20 m, between the ECR and the lease area, are 20,305 km. Based on the analysis contained herein of the planned activity (including the mitigation and monitoring measures) and the anticipated take of marine mammals, NMFS finds that small numbers of marine mammals would be taken relative to the population size of the affected species or stocks. More information is available online at Additionally, New York City Local Law 96 of 2018 requires employers with 15 or more employees are required to conduct annual sexual harassment prevention training for all employees. NMFS has defined negligible impact as an impact resulting from the specified activity that cannot be reasonably expected to, and is not reasonably likely to, adversely affect the species or stock through effects on annual rates of recruitment or survival (50 CFR 216.103). ITHACA, N.Y. Nan Rohrer has spent more than two decades in Baltimore, Maryland helping lead downtown/neighborhood revitalization and economic development efforts and will bring that expertise to the Downtown Ithaca Alliance (DIA) when she starts as its next CEO in early July. Please refer to that Given the relatively small size of the ensonified area, it is unlikely that prey availability would be adversely affected by HRG survey operations. In contrast, the impacts incidental to AE's site characterization survey activities are primarily acoustic in nature resulting in behavioral disturbance. The best available science indicates that Level B harassment, or disruption of behavioral patterns, may occur as a result of AE's specified activities. Id. Neither the MMPA nor NMFS' codified implementing regulations call for consideration of other unrelated activities and their impacts on populations. NMFS considers the data provided by Crocker and Fratantonio (2016) to represent the best available information on source levels associated with HRG survey equipment and, therefore, recommends that source levels provided by Crocker and Fratantonio (2016) be incorporated in the method described above to estimate isopleth distances to harassment thresholds. Web2023 Edition Sexual Harassment in the Workplace Goals for Todays Training Sexual Practical examples aimed at instructing supervisors in the prevention of harassment, discrimination, and retaliation that is presented by experts in the field. The updated Sexual Harassment Model Policy expands on existing definitions and provides new guidance regarding issues that have taken on greater importance since the pandemic, including addressing remote employees in two key ways: (1) an employer must, in the case of remote workers, not only email a copy of the sexual harassment policy, but also post the policy to the companys shared network; and (2) the section defining sexual harassment specifies that remote employees can be harassed via electronic methods of communication. boomers and sparkers) with operating frequencies below 180 kilohertz (kHz). number of blows/breaths, number of surfaces, breaching, spyhopping, diving, feeding, traveling; as explicit and detailed as possible; note any observed changes in behavior before and after point of closest approach); q. Mitigation actions; description of any actions implemented in response to the sighting ( All other species analyzed used the total 21,745 km of trackline for calculations. 12. Build a Morning News Digest: Easy, Custom Content, Free! Given the likelihood of significantly reduced received levels beyond even short distances from the survey vessel, combined with the short duration of potential masking and the lower likelihood of extensive additional contributors to background noise offshore and within these short exposure periods, we believe that the incremental addition of the survey vessel is unlikely to result in more than minor and short-term masking effects, likely occurring to some small number of the same individuals captured in the estimate of behavioral harassment. The revised New York State model training and policy materials have several additions, including expanding the definition of sexual harassment to include harassment based on gender, sexual orientation, self-identified or perceived sex, gender expression, gender identity, and the status of being transgender. vibratory pile-driving, drilling) and above RMS SPL 160 dB re 1 Pa for non-explosive impulsive ( Register documents. If a small delphinid (individual belonging to the following genera of the Family Delphinidae: International Harassment Prevention Training, Prevention of Sexual Harassment (POSH) Training (India), eBook: Why Your Need a DEI Training Program, 4 Reasons Why Employees Need DEI Training, FCPA, Anti-Corruption and Anti-Bribery Training, Disability, Pregnancy, and Religious Accommodations, Family, Medical, and Other Protected Leave, Investigations Training (Client-Specific), Why Cybersecurity and Data Privacy Training is Essential, EEOC Sues Culvers Restaurants for Harassment and Discrimination, EEOC Sues Charlotte IHOP for Religious Discrimination and Retaliation, Online Sexual Harassment Training and Prevention, Workplace Violence Prevention Program Development and Consultation. Easy tracking and recordkeeping mean less administrative time tracking completions. The public now has 30 days to provide comment on the policy, I thank the many New Yorkers who participated in this process. Any PSO on duty has the authority to call for shutdown of the sparker or boomer source if a marine mammal is detected within the applicable shutdown zone. The intent of the pre-start clearance observation period (30 minutes) is to ensure no marine mammals are within the shutdown zones prior to the beginning of ramp-up. Tracklines should include points recording any change in acoustic source status ( New The model policy states that harassment on the basis of protected characteristics unrelated to gender is unlawful and that the methods of reporting and investigating such harassment are the same as for sexual harassment. the material on FederalRegister.gov is accurately displayed, consistent with Significantly, on April 11, 2023, New York State released revised training New York e.g., Clear Law Institute provides an online training program that meets the minimum standards under the law. Commenters claimed that NMFS did not provide a meaningful opportunity for public engagement and/or asserted that the review process for this IHA was too rapid and NMFS' due diligence was lacking. It is also an important step in showing that our states government is responsive to the needs and feedback of its workers, said, For more information on the current Sexual Harassment Prevention Model Policy go to, Combating Sexual Harassment in the Workplace, If you or someone you know is experiencing sexual harassment in the workplace, file a report, Worker Adjustment and Retraining Notification (WARN). i.e., The references, analysis, and methodology used in the development of the thresholds are described in NMFS' 2018 Technical Guidance, which may be accessed at Federal Register provide legal notice to the public and judicial notice A commenter expressed concern over potential masking of NARW calls, which could reduce breeding and foraging opportunities or impair navigation and transiting. There is no designated critical habitat for any ESA-listed marine mammals in the survey area. The New York State Department of Labor (NYSDOL) today released a Register, and does not replace the official print version or the official Speed of the vessel(s) from which the observation was made; j. We do not specifically address comments expressing general opposition to activities related to wind energy development or respond to comments that are out of scope of the proposed IHA (88 FR 24553), such as comments on other Federal agency processes and activities not planned under this IHA. 2009; Reichmuth and Holt, 2013). In addition, the new model policy states that supervisors should be mindful that targets of sexual harassment may feel intimidated, uncomfortable or re-traumatized during the reporting and investigation process. WebThis article details the current requirements under New York State and New York City sexual harassment training laws, including legislation enacted in 2018 and 2019, and updated guidance issued by New York State in October 2019 and New York City in January 2020. Federal Register The state law, which went into effect on January 1, 2019, requires that all full-time, part-time, seasonal, and temporary employees participate in interactive training. Further, when outlining who can be the target of harassment, the policy notes, Harassment does not have to be between members of the opposite sex or gender.. NEW YORK STATE Sexual Harassment Prevention PSOs will visually monitor and identify marine mammals, including those approaching or entering the established Shutdown Zones during survey activities. estimates of Roberts and Halpin (2022) include all seal species that may occur in the Western North Atlantic combined ( i.e., The information on this website is provided for instructional purposes only and is not intended as legal advice. (Clear Law Institute offers Bystander Intervention training for employees.). Southall Response: To appropriately assess the potential effects of exposure to sound, it is necessary to understand the frequency ranges marine mammals are able to hear. This would include dates, times, and locations of survey operations; dates and times of observations, location and weather; details of marine mammal sightings ( e.g., PSOs must be equipped with binoculars and have the ability to estimate distance and bearing to detect marine mammals, particularly in proximity to Shutdown Zones. AE must submit PSO resumes for NMFS review and approval prior to commencement of the survey. Federal Register The boomer system planned for use is the Geo-Boomer 300500. 2021; Hayes establishing the XML-based Federal Register as an ACFR-sanctioned NMFS appreciates the commenters' concerns, but notes that no evidence is provided to substantiate this concern. operator. When it comes to hiring managers and potential employees, extensive research, If youre looking to hire for your small business, you should consider running criminal background checks for employees before theyre, When searching for the perfect candidate to fit a role in your business, its just as important for you to, From spending too much money on avocado toast to replacing the doorbell industry with texts, millennials and Gen Z have, As of 2022, the average age of the first time mother in the United States is 30 years oldright in, The US Family and Medical Leave Act is a federal law that requires employers to provide unpaid family and medical. Most recently, in 2022, models for all taxa were updated. These zones shall be based upon the radial distance from the sparker or boomer source (rather than being based around the vessel itself). We encourage employers to review their sexual harassment prevention policy and training documents to ensure they are consistent with the revised New York State materials. i.e., NMFS expects that takes would be in the form of short-term Level B harassment by way of brief startling reactions and/or temporary vacating of the area, or decreased foraging (if such activity was occurring)reactions that (at the scale and intensity anticipated here) are considered to be of low severity, with no lasting biological consequences. Here is a list of what the laws are for each state. Vessel speed mitigations are also briefly discussed in NMFS' response to For ESA-listed marine mammals during the use of the boomer, the shutdown zone is 100 m (0100 m). On Aug. 7, 2023, Colorado employers workplace obligations will change Start Printed Page 41896 Fish and Wildlife Service reasonably interpreted small numbers by analyzing take in relative or proportional terms)). All vessels must maintain a minimum separation distance of 500 m from NARWs, baleen whales (except humpback and minke), sperm whales, and any unidentified large whales. Les metteurs TNT, leurs caractristiques et leurs zones de couverture, Rception de la TNT en maison individuelle, Rception de la TNT en collectif (immeubles, lotissements, htels), La TNT dans les tablissements recevant du public (htels, hpitaux), Les rcepteurs avec TNT intgre (crans plats), Les adaptateurs pour recevoir la TNT gratuite en SD ou HD, Les terminaux pour les offres de la TNT payante, Les autres chanes et services du satellite, cble, TV par Internet, Les offres incluant les chanes de la TNT, Le matriel (dcodeurs, paraboles, accessoires ), La technique et la technologie de la TV par satellite, La technique et la technologie de la TV par le cble, La rception TV par Internet et rseaux mobile (3G/4G/5G), L'actualit des offres TV par Internet et rseaux mobile, Les offres TV des rseaux mobile 3G/4G/5G, La technique et la technologie de la TV par ADSL et fibre, La technique et la technologie de la TV sur les rseaux mobile, Meta-Topic du forum de la radio Numrique, Les zones de couverture et la rception DAB+. mechanical difficulty), it may be activated again without ramp-up if PSOs have maintained constant visual observation and no detections of marine mammals have occurred within the applicable shutdown zone. Document Drafting Handbook As a result of these determinations, NMFS has issued an IHA to AE for conducting marine site characterization surveys in coastal waters off of New York and New Jersey in the New York Bight for a period of 1 year, provided the previously mentioned mitigation, monitoring, and reporting requirements are incorporated. e.g., All draft and final marine mammal monitoring reports must be submitted to . Steno, Delphinus, Lagenorhynchus, Stenella, Federal Register https://www.fisheries.noaa.gov/action/incidental-take-authorization-attentive-energy-llc-marine-site-characterization-surveys-0. This document has been published in the Federal Register. 2023 Pioneer Works, Inc. All Rights Reserved. The IHA can be found at NMFS generally predicts that marine mammals are likely to be behaviorally harassed in a manner considered to be Level B harassment when exposed to underwater anthropogenic noise above root-mean-squared pressure received levels (RMS SPL) of 120 dB (referenced to 1 micropascal (re 1 Pa)) for continuous ( Does Your Policy Comply? More detail is provided on the acoustic sources and methodology in the proposed IHA published in the The public comment period allows for meaningful public engagement. Employers affected: All employers Who must be trained: All employees Frequency: Annually Duration of the training: Not specified NMFS has satisfied the requirements of the MMPA, which requires that NMFS publish notice of a proposed authorization and request public comment for a period of 30 days. life history, dive patterns); (3) co-occurrence of marine mammal species with the activity; or (4) biological or behavioral context of exposure ( e.g., NMFS takes seriously the risk of vessel strike and has prescribed measures sufficient to avoid the potential for vessel strike to the extent practicable. e.g., Although HRG surveys have been occurring off New England and the mid-Atlantic coast, HRG devices have never been implicated or causatively-associated with baleen whale strandings. (Marine Mammal Commission Newsletter, Spring 2023). Parlez-en ! Harassment Training
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