Amendment of Health Code Provisions Relating to Requests for Modification
Rule status: Proposed
Agency: DOHMH
Comment by date: April 30, 2025
Rule Full Text
Modification-NOI_to-include-a-consistent-modification-provision_3-31-25.pdf
The New York City Department of Health and Mental Hygiene (“Department”) is proposing that the Board of Health amend the modification provisions that apply to sections 11.27, 173.13 and 173.14 and to Articles 43, 45, 47, 48, 48-A, 49, 51, 81, 88, 89, 131, 141, 143, 161, 165, 167, 175 and 177 of the New York City Health Code (“Health Code”) to standardize all such provisions with consistent language across the Health Code.
Send comments by
- Email: [email protected]
- Fax: 1 (347) 396-6087
- Mail: New York City Department of Health and Mental Hygiene, Gotham Center, 42-09 28th Street, 14th Floor, CN 30 ; Long Island City, New York 11101-4132
Public Hearings
Attendees who need reasonable accommodation for a disability such as a sign language translation should contact the agency by calling 1 (347) 396-6116 or emailing [email protected] by April 16, 2025
Date
April 30, 2025
10:00am - 11:00am EDT
Connect Virtually
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Disability Accommodation
- Closed Captioning
Comments are now closed.
Online comments: 2
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Welson Chang
Comment added April 30, 2025 12:04pmThe proposed rule is unacceptable in its current form. Is there an overwhelming reason why the “undue, unusual or unreasonable hardships” provisions are being removed? All the provisions can be standardized with the language included. “Practical difficulties” and “Undue Hardships” are different levels of standards. The removal of the “Undue Hardships” provisions will generate endless administrative headaches for the public.
Giving credit to AI:
In the context of the Americans with Disabilities Act (ADA), “practical difficulties” and “undue hardship” refer to different levels of employer burden related to reasonable accommodations for employees with disabilities. While practical difficulties might describe minor challenges or inconveniences, undue hardship signifies a significant burden, potentially requiring substantial costs or disruption to the employer’s operations. Essentially, employers are obligated to provide reasonable accommodations unless they would cause undue hardships.Elaboration:
Practical Difficulties: These are less severe challenges that might arise from providing an accommodation. They could include minor adjustments to the workplace, like rearranging furniture or providing assistive technology.Undue Hardship: This is a more significant burden on the employer. It means the accommodation would cause a substantial difficulty or expense, considering factors like the size of the employer, the nature of their operations, and their financial resources. Examples of undue hardship might include excessive costs, significant disruption to the business, or fundamental changes to job requirements.
ADA Requirement:
The ADA mandates employers to provide reasonable accommodations unless doing so would cause undue hardship.Examples:
Practical Difficulty: Providing a quiet workspace for an employee with anxiety to better focus might be a practical difficulty.Undue Hardship: If an employee’s accommodation request involves extensive changes to the workplace, like a major renovation, that could constitute undue hardship.
Key Considerations:
Nature and Cost of Accommodation: The cost and difficulty of providing the accommodation are key factors.
Employer’s Resources: The size, financial resources, and type of operation of the employer are also relevant.
Impact on Operations: How the accommodation will affect the employer’s ability to operate is another important factor. -
Dana Dice
Comment added April 30, 2025 1:13pmI dot agree with changing the wording from “undue, unusual or unreasonable hardships.” All the provisions can be standardized with the language included. “Practical difficulties” and “Undue Hardships” are different levels of standards. The removal of the “Undue Hardships” provisions will generate endless administrative headaches for the public. I don’t want the changes to be done.