Report Exposure: Department of Health, Pesticide Poisoning Registry

Phone: 1-800-322-6850

Pesticide Reporting Requirements

Required to Report: Yes
What to Report?: Any Pesticide-Related Exposure
Timeframe to Report Injury or Exposure: 48 Hours
Who is Required to Report?: Physicians, Hospitals, Laboratories, Other health professionals.
SENSOR partnership with NIOSH:

Pesticide Poisoning Registry (funding and technical support from NIOSH): http://www.health.ny.gov/environmental/pests/pesticid.htm

Additional Info:

The form for reporting pesticide exposures can be downloaded from https://commerce.health.state.ny.us/hpn/An informational pamphlet is available from: http://www.health.ny.gov/publications/2787.pdf

WPS Enforcement

Worker Protection Standard Enforcement Agency:

Department of Environmental Conservation: http://www.dec.ny.gov/chemical/298.html

Legal Services Referral for Violations:
Coverage for Farm Workers: Required (with limitations)
Limitations: Employer must provide workers' compensation to employees for 12 months, starting April 1, if the farmer's total cash wage remuneration paid to all farm laborers during the preceding calendar year amounts to $1,200 or more.
Statute: N.Y. Workers' Comp. Law Chp. 67 § 3 (Group 14-b) (2011)
Coverage for Undocumented Workers: Yes
Case Law: Amoah v. Mallah Mgmt., LLC, 57 A.D.3d 29 (N.Y. App. Div. 2008) (finding that status as undocumented alien does not prohibit an award of workers' compensation benefits)
Benefits Available for Undocumented Workers: Undocumented workers are eligible for wage replacement benefits. Amoah v. Mallah Mgmt., LLC, 57, A.D.3d 29, 34 (N.Y. App. Div. 2008). However, undocumented workers cannot receive “additional compensation” for impairment of wage earning capacity, since they are unable to demonstrate legal immigration status, and thus, are ineligible for work in United States, and cannot participate in a rehabilitation program. Ramroopv. Flex-Craft Printing, Inc., 896 N.E.2d 69, 71-72 (N.Y. 2008).
Additional Information: Testa v. Sorrento Rest., Inc., 10 A.D.2d 133 (N.Y. App. Div 1960) (finding that worker was entitled to his workers' compensation award despite the fact that he entered country illegally)
Online Forms: Forms
State Workers’ Compensation Website: New York Workers' Compensation Board