Break for Cafeteria Staff
Spitzer Signs Bill To Cool Kitchens

By MEREDITH KOLODNER

Governor Spitzer has signed a bill that would set up regulations to address overheating problems in the city's school cafeteria kitchens.

GOVERNOR SPITZER: Turning down the heat.

Kitchen temperatures during the summer have spiked above 100 degrees on hot days, causing workers to faint and become ill. The law charges the State Commissioner of Labor, in consultation with District Council 37, the city and the State Education Department, with coming up with rules for cooling the kitchens by Jan. 1, 2008. Schools must be in compliance by 2013.

Delays Enforcement

The new law differs slightly from the original bill backed by DC 37. Instead of immediately imposing the regulatory process, it sets up a review that "would prioritize the most necessary and cost-effective projects for addressing the health and safety concerns." This would allow the city's school construction plans to incorporate the cooling regulations. For example, a school that has a construction project slated for 2009 could wait until that project began before having to comply with the new rules.

SUSAN JOHN: 'Should have big impact.'

The Governor cited potentially exorbitant costs as the justification for the change. The law also allows up to 50 percent of schools to be exempt from the regulations for a period of time.

"Those workers work in such horrendous conditions," said Lee Clarke, DC 37's health and safety director. "This is long overdue." The union has been pushing for legislation since 2003, but then-Governor Pataki vetoed it four years in a row.

Ms. Clarke noted that in addition to the vomiting and fainting experienced by cafeteria workers, working in hot environments can exacerbate pre-existing conditions, such as hypertension, asthma, and heart problems.

The city had strongly opposed the bill. Department of Education spokeswoman Margie Feinberg would only say, "We understand the intent of the law."

The Governor backed the bill in its new form, stating in his approval memo that it would provide "a factual basis for resolving the worst problems in a timely fashion."

Assemblywoman Susan John, who sponsored the legislation, was pleased with the final deal. "What this will entail is that the city will be working with the unions," said Ms. John's spokesman, Allan Richards, "to prioritize the worst projects so they're done first and so the health and safety of the workers most affected is protected."

Gradual Tightening

Schools can apply for a variance from the regulations, once they are outlined, if they can prove that they do not have the personnel or the materials to make the changes, or if they can show that they are taking all available steps to protect the health and safety of their employees. There must be a hearing held for every building that applies for an exemption, and affected workers are entitled to challenge the decision.

If officials spend more than $50,000 in construction on a school building, however, they cannot be exempt from the cooling upgrades. In addition, buildings that serve more than 2,000 children are not exempt.

The Commissioner cannot grant more than 50 percent of schools exemptions after the first year that the regulations are issued. Each following year, the Commissioner can exempt 10 percent fewer than the previous year.

Ms. Clarke noted that the union had consistently advocated for the changes, and said that having the state involved was a step in the right direction. "This is a serious health and safety issue," she said. "It should have a big impact on those workers."