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Contact Information |
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New York Department of Labor
M. Patricia Smith, Commissioner
PH: (518) 457-9000
Division of Safety and Health
Pubic Employees Safety and Health (PESH) Bureau
Governor W. Averell Harriman State Building Campus
Building 12, Room 158
Albany, New York 12240
PH: (518) 457-1263
FAX: (518) 457-5545
Division of Safety and Health (DOSH)
Maureen Cox, Director
PH: (518) 457-3518
Public Employees Safety and Health Bureau
Normand Labbe, Program Manager
PH: (518) 457-1263
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About the New York State Plan
The New York State Plan for Public Employee Safety and Health (PESH),
by authority under Section 27(a) of the New York Labor Law, is
responsible for promoting the health and safety for more than 2
million State and Local government employees in the State. The New
York Plan received initial plan approval on June 1, 1984 and
certification on August 16, 2006. The New York Department of Labor
has been designated as the agency responsible for administering the
plan throughout the State. The Commissioner of Labor has full
authority to enforce and administer all laws and rules protecting
the safety and health of all employees of the State and its
political subdivisions. In addition to the plan’s enforcement
responsibilities, PESH provides free on-site consultation and
training services to public sector agencies, upon request.
The PESH Program consists of one central office in Albany, New York
and nine district offices located throughout the State: Albany,
Binghamton, Syracuse, Utica, Rochester, Buffalo, White Plains,
Garden City and New York City.
Jurisdiction
The New York State Plan applies to all public sector employers in
the State, including: State, County, Town, and Village governments,
as well as Public Authorities, School Districts, and Paid and
Volunteer Fire Departments.
Federal OSHA maintains jurisdiction over all private sector
workplaces; federal agencies; maritime employers such as shipyards,
marine terminals, and longshoring; military facilities; Indian
sovereignty workplaces; and the U.S. Postal Service.
Regulations and Standards
States must set job safety and health standards that are “at least
as effective” as
Federal OSHA standards. States may promulgate standards that are
more stringent than the comparable federal standards or promulgate
standards covering hazards not addressed by federal standards.
The PESH Program has adopted all Federal OSHA standards and
regulations applicable to public sector employment, with the
exception of the Recordkeeping Rule,
29 CFR 1904. New York
promulgated and adopted an alternative approach to recordkeeping
requirements, under section 801 and administrative instructions 901,
with respective URL’s listed below:
Recordkeeping Forms:
In addition, the New York Plan provides the Commissioner with the
authority for the development of alternative and/or State-initiated
standards to protect the safety and health of public employees, in
consultation with the Hazard Abatement Board, or on his/her own
initiative. The procedures for adoption of alternative standards
contain criteria for consideration of expert technical advice and
allow interested persons to request development of any standard and
to participate in any hearing for the development or modification of
standards.
As of October 1, 2007, PESH has been engaged in the rulemaking
process for two State-initiated standards, as required by
legislation passed by the State’s Senate and Assembly and signed by
the Governor. These two standards and their respective URL web links
are as follows:
Enforcement Programs
PESH maintains the
Field Operations Manual (FOM) [PDF 1.5M] which
provides policy guidance for its enforcement program. The
Enforcement Branch conducts unannounced mandatory inspections which
results in a “Notice of Violation and Order to Comply” for hazards
and/or violations of OSHA standards. Abatement periods to comply
with the violations are established and verification of abatement is
required. Violations not complied during the abatement period are
subject to a penalty, not exceed $200 per day until compliance is
achieved.
Voluntary and Cooperative Programs
PESH offers a number of voluntary and free cooperative programs
focusing on reducing injuries, illnesses and fatalities in the
public sector, including workplace hazard assessment surveys,
training and outreach seminars. All consultation services are
conducted separate and apart from enforcement activities. PESH has
also created Strategic Work Groups for identified high hazard jobs
that work with employers to lower the incidence of injuries to
employees. Currently, such groups have focused on the fire service,
highway repair and construction, nursing homes and light rail
services.
New York State also has an agreement with OSHA, under Section 21(d)
of the OSH Act to provide free onsite consultation services to the
private sector. For more information on this service, please contact
the
Onsite Consultation Program at
(518) 457-2810.
Policies and Procedures
PESH’s Program Directives and Forms
Informal Conferences and Appeals
Under the Plan, public employers and employees may seek formal
administrative review of New York Department of Labor citations,
including penalties and the reasonableness of abatement periods, by
petitioning with the New York
Industrial Board of Appeals (IBA) no
later than 60 days after the issuance of the citation. The IBA is
the independent State agency authorized by Section 27(a) (6) (c) of
the New York Act to consider petitions from affected parties for
review of the Commissioner of Labor’s determinations. A contest does
not automatically stay a notice of violation, penalty or abatement
date; a stay must be granted by the IBA. Judicial review of any
decision of the IBA may be sought pursuant to Article 78 of the New
York Civil Practice Law.
Prior to contest, employers, employees and other affected parties
may seek informal review of citations, penalties and abatement dates
by the Department of Labor by requesting an informal conference in
writing within 20 working days from the receipt of the citation. If
the informal conference does not produce agreement, the affected
party may seek formal administrative review with the IBA.
Public employees or their authorized representatives have the
additional right under 12 NYCRR
Part 805 to contest the abatement
period by filing a petition with the Commissioner within 15 working
days of the posting of the citation by filing a petition with the
Department of Labor, or later if good cause for late filing is
shown. If the Commissioner denies the employee contest of abatement
period under
Part 805 in whole or in part, the complaint will
automatically be forwarded to the IBA for review. Under the IBA
rules, public employees or their representatives may request
permission to participate in an employer-initiated review process as
"intervenors." The plan includes an April 28, 2006, assurance that
should an employee or employee representative request intervenor
status in an employer-initiated case, the State will appropriately
inform the IBA of its support for the request. Should an employee's
or employee representative's request for participation be denied,
the State will seek immediate corrective action to guarantee the
right to employee party status in employer-initiated cases.
The period fixed in the plan for contesting notices of violation is
60 calendar days, which is significantly longer than the 15 working
day period allowed under the Federal OSHA program. However, New York
has provided assurance, by Counsel's opinion of March 3, 1984, that
it has the authority under Article 78 of the New York Civil Practice
Law to obtain judicial enforcement of an uncontested order to comply
upon expiration of the abatement period, regardless of whether the
60 day contest period has expired. New York has also assured that
should the State Labor Department's interpretation be successfully
challenged, appropriate legislative correction would be sought.
Other Resources
The
New York State Plan Website contains information pertaining to:
Publications, Posters and Forms, including the PESH Act, Job Safety
and Health Poster, Complaint Form (PESH 7) and Petition for
Modification of Abatement (PMA – Form SH 971)
Disclaimer
OSHA makes every effort to ensure that the information on this page is accurate
and up to date, but changes in state law and procedures affecting the
information on this page are beyond OSHA's control. Contact state program staff
directly to verify important information.
Accessibility Assistance:
Contact the OSHA Directorate of Cooperative and State Programs at
202-693-2244 for assistance accessing PDF materials.
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