reglab/statecodes huggingface dataset:
2023 New York Laws › LAB - Labor › Article 25-A - New York State Worker Adjustment and Retraining Notification Act › 860-C - Exceptions.

§ 860-c. Exceptions. 1. In the case of a plant closing, an employer is
not required to comply with the notice requirement in subdivision one of
section eight hundred sixty-b of this article if:
(a)(i)  at  the time the notice would have been required, the employer
was actively seeking capital or business; and
(ii) the capital or business sought, if obtained, would  have  enabled
the employer to avoid or postpone the relocation or termination; and
(iii)  the  employer reasonably and in good faith believed that giving
the notice required by subdivision one of section eight hundred  sixty-b
of  this  article  would  have precluded the employer from obtaining the
needed capital or business;
(b) the need for a notice was not reasonably foreseeable at  the  time
the notice would have been required;
(c)  the plant closing is of a temporary facility or the plant closing
or mass layoff is the result of the completion of a  particular  project
or   undertaking,  and  the  affected  employees  were  hired  with  the
understanding that their employment was limited to the duration  of  the
facility or project or undertaking;
(d)  the  plant  closing  or mass layoff is due to any form of natural
disaster, such as a flood, earthquake, or drought; or
(e) the closing or mass layoff constitutes a strike or  constitutes  a
lockout  not intended to evade the requirements of this article. Nothing
in this article shall require an employer to serve written  notice  when
permanently  replacing  a person who is deemed to be an economic striker
under the National Labor Relations Act (29 U.S.C. 151 et seq.).  Nothing
in  this  article shall be deemed to validate or invalidate any judicial
or  administrative  ruling  relating  to   the   hiring   of   permanent
replacements  for  economic  strikers under the National Labor Relations
Act.
2. An employer unable to provide the notice otherwise required by this
article in a timely fashion as a result of  circumstances  described  in
subdivision  one  of  this  section,  shall provide as much notice as is
practicable and at that time shall provide  a  brief  statement  of  the
basis for reducing the notification period.
2023 New York Laws › LAB - Labor › Article 25-A - New York State Worker Adjustment and Retraining Notification Act › 860-D - Extension of Mass Layoff Period.

§  860-d.  Extension of mass layoff period. A mass layoff of more than
  six months which, at its outset, was announced to be a  mass  layoff  of
  six  months  or  less  shall be treated as an employment loss under this
  article unless:
1. the extension beyond six months is caused by business circumstances
  (including unforeseeable  changes  in  price  or  cost)  not  reasonably
  foreseeable at the time of the initial mass layoff; and
2.  notice is given at the time it becomes reasonably foreseeable that
  the extension beyond six months will be required.
2023 New York Laws › LAB - Labor › Article 25-A - New York State Worker Adjustment and Retraining Notification Act › 860-E - Determinations With Respect to Employment Loss.

§   860-e.   Determinations   with  respect  to  employment  loss.  In
  determining whether a plant closing or mass layoff has occurred or  will
  occur, employment losses for two or more groups of employees at a single
  site  of  employment,  each  of which is less than the minimum number of
  employees specified in subdivisions four or six of section eight hundred
  sixty-a of this article but which in the aggregate meet or  exceed  that
  minimum  number  set  forth in such subdivisions, and which occur within
  any ninety-day period shall be considered to be a plant closing or  mass
  layoff  unless  the employer demonstrates that the employment losses are
  the result of separate and distinct actions and causes and  are  not  an
  attempt by the employer to evade the requirements of this article.
2023 New York Laws › LAB - Labor › Article 25-A - New York State Worker Adjustment and Retraining Notification Act › 860-H - Civil Penalty.

§  860-h.  Civil  penalty.  1. An employer who fails to give notice as
  required by paragraph (b) of subdivision one of  section  eight  hundred
  sixty-b  of  this article is subject to a civil penalty of not more than
  five hundred dollars for each  day  of  the  employer's  violation.  The
  employer  is  not  subject  to a civil penalty under this section if the
  employer pays to all applicable employees  the  amounts  for  which  the
  employer  is  liable  under  section  eight hundred sixty-g within three
  weeks from the date the employer orders the mass layoff, relocation,  or
  employment loss.
2.  The  total amount of penalties for which an employer may be liable
  under this section shall not exceed the maximum amount of penalties  for
  which  the  employer  may  be  liable  under  federal  law  for the same
  violation.
3. Any penalty amount paid by the employer under federal law shall  be
  considered a payment made under this article.
4.  If an employer proves to the satisfaction of the commissioner that
  the act or omission that violated this article was  in  good  faith  and
  that  the  employer had reasonable grounds for believing that the act or
  omission was not a violation of this article, the  commissioner  may  in
  his  or  her discretion reduce the amount of the penalty provided for in
  this  section.  In  determining  the  amount  of  such  reduction,   the
  commissioner  shall  consider  (a)  of the size of the employer; (b) the
  hardships imposed on employees by the violations; (c) any efforts by the
  employer to  mitigate  the  violation;  and  (d)  the  grounds  for  the
  employer's belief.
2023 New York Laws › LAB - Labor › Article 25-A - New York State Worker Adjustment and Retraining Notification Act › 860-I - Other Rights.

§  860-i.  Other rights. The rights and remedies provided to employees
  by this article are in addition to,  and  not  in  lieu  of,  any  other
  contractual  or  statutory rights and remedies of the employees, and are
  not intended to alter or affect such rights and  remedies,  except  that
  the   period   of  notification  required  by  this  article  shall  run
  concurrently with any period of notification required by contract or  by
  any other statute.
2023 New York Laws › LAB - Labor › Article 25-B - The New York State Construction Industry Fair Play Act › 861-A - Legislative Finding and Intent.

§ 861-a. Legislative findings and intent. The legislature hereby finds
  and declares that New York state's construction industry is experiencing
  dangerous  levels  of  employee  misclassification  fraud.  Unscrupulous
  employers  are  intentionally   reporting   employees   as   independent
  contractors  to  state  and federal authorities or workers' compensation
  carriers in record numbers. In addition, there has been an explosion  of
  employers  who operate in the underground economy and fail to report all
  or a sizable portion of their workers.
The legislature hereby finds and declares that recent studies  of  New
  York  city's  construction industry alone suggests that as many as fifty
  thousand New York city construction workers -- nearly one in four -- are
  either misclassified as  independent  contractors  or  are  employed  by
  construction contractors completely off the books. Construction industry
  fraud  reduces  government revenue, shifts tax and workers' compensation
  insurance costs to law-abiding employees, lowers working conditions  and
  steals jobs from legitimate employers and their employees.
Therefore,  the  legislature hereby finds and declares that government
  has  an  obligation  to   curb   this   underground   economy,   enforce
  long-standing  employment  laws, ensure compliance with essential social
  insurance protections and eliminate  the  unfair  competitive  advantage
  from contractors in the underground economy by and through the enactment
  of the New York state construction industry fair play act.
2023 New York Laws › LAB - Labor › Article 25-B - The New York State Construction Industry Fair Play Act › 861-B - Definitions.

§ 861-b. Definitions. As used in this article:
1.   "Construction"   means  constructing,  reconstructing,  altering,
  maintaining, moving, rehabilitating, repairing, renovating or demolition
  of  any  building,  structure,  or  improvement,  or  relating  to   the
  excavation of or other development or improvement to land.
2.   "Contractor"   means  any  sole  proprietor,  partnership,  firm,
  corporation, limited  liability  company,  association  or  other  legal
  entity  permitted  by law to do business within the state who engages in
  construction as defined in this article.
3. "Contractor" includes a general contractor and a subcontractor.
4. "Department" means the department of labor.
5. "Commissioner" means the commissioner of labor.
6. "Employer" means any contractor  that  employs  individuals  deemed
  employees under this article.
2023 New York Laws › LAB - Labor › Article 25-B - The New York State Construction Industry Fair Play Act › 861-D - Notice to Persons Receiving Remuneration From Contractors and Subcontractors.

§ 861-d. Notice to persons receiving remuneration from contractors and
  subcontractors.  1.  Every  contractor  shall  post  in  a prominent and
  accessible place on the site  where  the  construction  is  performed  a
  legible  statement,  provided  by  the  commissioner, that describes the
  responsibility of independent contractors to pay taxes required by state
  and federal law, the  rights  of  employees  to  workers'  compensation,
  unemployment  benefits,  minimum  wage,  overtime  and other federal and
  state workplace protections, and the protections against retaliation and
  the penalties in this  article  if  the  contractor  fails  to  properly
  classify  an  individual  as an employee. This notice shall also contain
  contact information for individuals to file complaints or  inquire  with
  the   commissioner   about   employment   classification   status.  This
  information shall be provided in English,  Spanish  or  other  languages
  required  by the commissioner. The posted statement shall be constructed
  of materials capable of withstanding adverse weather conditions.
2. Within thirty days of the  effective  date  of  this  article,  the
  commissioner  shall  create  the  notice described in subdivision one of
  this section and  post  the  notice  on  the  department's  website  for
  downloading by contractors.
3.  Contractors  who  violate this section shall be subject to a civil
  penalty of  up  to  one  thousand  five  hundred  dollars  for  a  first
  violation,  and  up  to five thousand dollars for a subsequent violation
  within a five year period.
2023 New York Laws › LAB - Labor › Article 25-B - The New York State Construction Industry Fair Play Act › 861-F - Retaliation.

§  861-f.  Retaliation.  1.  It  is a violation of this article for an
employer or any agent of any employer, to retaliate through discharge or
in any other manner against any person in the terms of conditions of his
or her employment for exercising any rights granted under  this  article
for:
(a)  making,  or  threatening  to  make,  a  complaint to an employer,
co-worker or to a public body that rights guaranteed under this  article
have been violated;
(b)  causing  to be instituted any proceeding under or related to this
article; or
(c) providing information to, or testifying before,  any  public  body
conducting  an investigation, hearing or inquiry into any such violation
of a law, rule or regulation by such employer. Nothing in  this  section
shall  limit  the  commissioner's  authority  under  section two hundred
fifteen of the labor law, or any other statute.
2. Any act of retaliation under this section shall subject an employer
to the civil penalties under section eight hundred sixty-one-e  of  this
article, or to a private cause of action, or both.
2023 New York Laws › LAB - Labor › Article 25-B - The New York State Construction Industry Fair Play Act › 861-G - Contractor Accountability.

§   861-g.   Contractor   accountability.   When   a   contractor   or
  sub-contractor is found to have failed to pay all wages as  required  by
  article  six or nineteen of this chapter, either by a final order issued
  by the commissioner, an assurance of discontinuance or final  settlement
  with the office of the attorney general, or a final judgment or order of
  a  court  of  competent  jurisdiction,  the contractor or sub-contractor
  shall notify all of its employees of the  nature  of  these  violations.
  Notification  summarizing  the  findings  shall  be  made  via  paycheck
  attachment to employees at all worksites  according  to  such  form  and
  manner  ordered  by  the  commissioner.  The commissioner shall have the
  authority to promulgate rules necessary to effectuate the terms of  this
  section.
2023 New York Laws › LAB - Labor › Article 25-C - The New York State Commercial Goods Transportation Industry Fair Play Act › 862-A - Definitions.

§ 862-a. Definitions. As used in this article:
1.   "Commercial  goods  transportation  contractor"  means  any  sole
  proprietor, partnership, firm, corporation, limited  liability  company,
  association  or  other  legal  entity  that  compensates  a  driver  who
  possesses a state-issued driver's license, transports goods in the state
  of New York and operates  a  commercial  motor  vehicle  as  defined  in
  subdivision four-a of section two of the transportation law.
2.  "Commercial  goods  transportation  contractor" includes a general
  commercial  goods  transportation  contractor  or  a  commercial   goods
  transportation subcontractor.
3. "Commercial goods transportation services" means the transportation
  of  goods  for  compensation  by  a  driver who possesses a state-issued
  driver's license, transports  goods  in  the  state  of  New  York,  and
  operates  a commercial motor vehicle as defined in subdivision four-a of
  section two of the transportation law.
4. "Department" means the department of labor.
5. "Commissioner" means the commissioner of labor.
6. "Employer" means any  commercial  goods  transportation  contractor
  which compensates a person classified as an employee under section eight
  hundred sixty-two-b of this article.
2023 New York Laws › LAB - Labor › Article 25-C - The New York State Commercial Goods Transportation Industry Fair Play Act › 862-C - Notice to Persons Receiving Remuneration From Commercial Goods Transportation Contractors and Commercial Goods Transportation Subcontractors.

§  862-c.  Notice  to  persons  receiving remuneration from commercial
  goods transportation contractors  and  commercial  goods  transportation
  subcontractors.  1.  Every  commercial  goods  transportation contractor
  shall post in a  prominent  and  accessible  place  on  the  site  where
  commercial   goods   transportation  activity  is  conducted  a  legible
  statement,  provided   by   the   commissioner,   that   describes   the
  responsibility of independent contractors to pay taxes required by state
  and  federal  law,  the  rights  of  employees to workers' compensation,
  unemployment benefits, minimum wage,  overtime  and  other  federal  and
  state workplace protections, and the protections against retaliation and
  the  penalties  in  this  article  if  the  contractor fails to properly
  classify an individual as an employee. This notice  shall  also  contain
  contact  information  for individuals to file complaints or inquire with
  the  commissioner   about   employment   classification   status.   This
  information  shall  be  provided  in English, Spanish or other languages
  required by the commissioner.
2. Within thirty days of the  effective  date  of  this  article,  the
  commissioner  shall  create  the  notice described in subdivision one of
  this section and  post  the  notice  on  the  department's  website  for
  downloading by commercial goods transportation contractors.
3.  Commercial  goods  transportation  contractors  who  violate  this
  section shall be subject to a civil penalty of up to one  thousand  five
  hundred  dollars  for a first violation, and up to five thousand dollars
  for a subsequent violation within a five year period.
2023 New York Laws › LAB - Labor › Article 25-C - The New York State Commercial Goods Transportation Industry Fair Play Act › 862-E - Retaliation.

§  862-e.  Retaliation.  1.  It  is a violation of this article for an
employer or any agent of any employer, to retaliate through discharge or
in any other manner against any person in the terms of conditions of his
or her employment for exercising any rights granted under  this  article
for:
(a)  making,  or  threatening  to  make,  a  complaint to an employer,
co-worker or to a public body that rights guaranteed under this  article
have been violated;
(b)  causing  to be instituted any proceeding under or related to this
article; or
(c) providing information to, or testifying before,  any  public  body
conducting  an investigation, hearing or inquiry into any such violation
of a law, rule or regulation by such employer. Nothing in  this  section
shall  limit  the  commissioner's  authority  under  section two hundred
fifteen of this chapter, or any other statute.
2. Any act of retaliation under this section shall subject an employer
to the civil penalties under section eight hundred sixty-two-d  of  this
article, or to a private cause of action, or both.
2023 New York Laws › LAB - Labor › Article 26 - Safety in Skiing › 866 - Declaration of Legislative Findings.

§  866.  Declaration  of  legislative findings. The legislature hereby
  finds that alpine or downhill skiing is both a major recreational  sport
  and  a  major  industry  within  the  state of New York. The legislature
  further finds: (a) that downhill skiing, like many other sports, is  not
  without   some   inherent  risks;  (b)  that  downhill  skiing,  without
  established rules of conduct and care, may result in injuries to persons
  and property; and (c) that it is necessary and appropriate, as  well  as
  in  the  public  interest, to take steps to protect downhill skiers from
  undue, unnecessary  and  unreasonable  hazards,  and  to  encourage  and
  promote safety in the downhill ski industry.
It is, therefore, the intent of this article to create and provide for
  the  promulgation  of a code of conduct for downhill skiers and ski area
  operators which will minimize the risk of injury to persons and property
  engaged in the sport of downhill skiing.
2023 New York Laws › LAB - Labor › Article 26 - Safety in Skiing › 867 - Safety in Skiing Code.

§  867.  Safety  in skiing code. 1. The commissioner, on the advice of
  the passenger tramway advisory council as created  pursuant  to  section
  twelve-c  of  this  chapter,  shall  promulgate  rules  and regulations,
  consistent  with  article  eighteen  of  the  general  obligations  law,
  intended  to  guard  against  personal injuries to downhill skiers which
  will, in view of such intent, define the duties and responsibilities  of
  downhill  skiers  and  the  duties  and  responsibilities  of  ski  area
  operators.
2. The commissioner shall enforce all the provisions of  this  article
  and  the  regulations  adopted pursuant hereto and may issue such orders
  against any entity, public or private, as he finds necessary,  directing
  compliance  with  any provision of this article or such regulations. The
  commissioner may also investigate any fatality or injury resulting in  a
  fatality at a ski area.
3.   The   passenger   tramway  advisory  council  shall  conduct  any
  investigation necessary to carry out the provisions of this article.
4.  The  passenger  tramway  advisory  council  shall  conduct  public
  hearings  on any rules and regulations proposed under this section prior
  to  their  promulgation  by  the  commissioner.  The  passenger  tramway
  advisory  council  shall  fix a time and place for each such hearing and
  cause such notice as it may deem appropriate to be given to  the  public
  and  news  media  prior  to  such  a hearing. Testimony may be taken and
  evidence received at such a hearing pursuant to procedures prescribed by
  the passenger tramway advisory council.
5.  Upon  advice  of  the  passenger  tramway  advisory  council,  the
  commission  shall,  on  the  fifteenth  day  of  March, nineteen hundred
  eighty-nine, promulgate rules which shall set forth  specifications  for
  the  uniform  textual  and  graphic  content,  physical description, and
  conspicuous posting  of  a  "Warning  to  Skiers"  regarding  the  risks
  inherent  in  the  sport  as  set forth in section 18-101 of the general
  obligations law, which shall be posted and provided  to  skiers  by  ski
  areas  operators in accordance with subdivision one of section 18-106 of
  the general obligations law, and shall promulgate rules which shall  set
  forth  textual  and  graphic  specifications designed to occupy not more
  than twenty-five percent of the imprintable surface  area  of  the  face
  side nor more than eighty percent of the imprintable surface area of the
  reverse side or backing paper of all lift tickets sold or distributed in
  the  state, as defined by section 18-102 of the general obligations law,
  which shall uniformly serve to direct the attention of all skiers to the
  "Warning to Skiers" herein directed to be promulgated  and  required  by
  section 18-106 of the general obligations law.
2023 New York Laws › LAB - Labor › Article 26 - Safety in Skiing › 868 - Separability.

§  868.  Separability.  If  any  part  or provision of this act or the
  application thereof to any person is adjudged by a  court  of  competent
  jurisdiction  to  be unconstitutional, such judgment shall not affect or
  impair any other part or provision or the  application  thereof  to  any
  other  person,  but  shall  be  confined  in  its operation to the part,
  provision, or person directly involved in the controversy.
2023 New York Laws › LAB - Labor › Article 27 - Carnival, Fair and Amusement Park Safety › 870-A - Legislative Intent.

§  870-a.  Legislative  intent.  1.  The purpose of this article is to
  guard against personal injuries in the assembly, disassembly and use  of
  amusement  devices,  viewing  stands  and  tents at carnivals, fairs and
  amusement parks to persons employed at or attending the  same,  and,  in
  the  event  of  a  personal  injury,  to insure to the injured party the
  possibility of financial recovery as against the owner of the  carnival,
  fair or amusement park where the injury occurred.
2.  It is the intent of this article that such devices, viewing stands
  and tents shall be so designed, constructed, assembled or  disassembled,
  maintained and operated as to prevent such injuries.
2023 New York Laws › LAB - Labor › Article 27 - Carnival, Fair and Amusement Park Safety › 870-B - Application.

§  870-b.  Application.  1. This article applies to amusement devices,
  viewing stands and tents at carnivals, fairs and amusement  parks  where
  an admission or fee is customarily or usually charged located within the
  state,  and  to the managers of such devices, to the persons employed in
  connection with the same and to their employees.
2. This article shall not apply to  single  passenger,  coin-operated,
  manually,  mechanically  or  electrically  operated  rides, except where
  admission is charged for the  use  of  the  equipment,  nor  shall  this
  article  be  construed so as to limit the right of any person to conduct
  any hotel, restaurant or eating place at any amusement park.
2023 New York Laws › LAB - Labor › Article 27 - Carnival, Fair and Amusement Park Safety › 870-D - Issuance of Permit.

§  870-d.  Issuance  of  permit. No amusement device, viewing stand or
tent may be operated in  the  state  without  a  permit  issued  by  the
commissioner  except  as  provided in section eight hundred seventy-m of
this article.   Such permits are not  transferable  and  if  any  permit
holder  voluntarily  discontinues  operation  of  the  amusement device,
viewing  stand  or  tent,  all  rights  secured  under  the  permit  are
terminated.
1.  Before  commencement  of the operation of a permanent or temporary
device, viewing stand or tent, the owner or lessee  shall  make  written
application  to the commissioner for a permit to operate, which shall be
accompanied by an annual non-refundable fee of one hundred  dollars  for
each  amusement  ride  device. The permit shall be valid for a period of
one year.
2. No temporary device, viewing stand or tent shall  be  used  at  any
time  or  location  unless  prior  notice of intent to use same has been
given to the commissioner. Notice of planned schedules shall (a)  be  in
writing,  (b)  identify the temporary device, viewing stand or tent, (c)
state the intended dates and locations of use,  (d)  be  mailed  to  the
commissioner  at  least  fifteen  days before the first intended date of
use.
3. A permit to operate shall be issued to the owner or  lessee  of  an
amusement device, viewing stand or tent when:
(a) written application has been made to the commissioner;
(b)  the  amusement  device,  viewing  stand  or  tent  has passed all
required inspections; and
(c) the liability insurance or bond required by section eight  hundred
seventy-f of this article has been met in the amount prescribed.
4.  The  commissioner  may  revoke  any permit issued pursuant to this
article if it is determined that an amusement device, viewing  stand  or
tent is:
(a) being used or operated without the inspections required by section
eight hundred seventy-e of this article; or
(b)  being  used  or  operated without the insurance or other security
required by section eight hundred seventy-f of this article; or
(c) being used or operated with a  mechanical,  structural  or  design
defect  which presents an excessive risk of serious injury to passengers
or members of the public.
5. Any other violation of this article may  result  in  a  revocation,
provided  that written notice of non-compliance is served upon the owner
specifying any violation of this article  and  directing  the  owner  to
correct such violations within thirty days of receipt of such notice.
6.  Nothing  herein  shall prevent an owner whose permit to operate an
amusement device, viewing stand or tent has  been  revoked  pursuant  to
this  section  from  reapplying  for  a  permit  in accordance with this
article.
2023 New York Laws › LAB - Labor › Article 27 - Carnival, Fair and Amusement Park Safety › 870-F - Liability Insurance.

§  870-f.  Liability  insurance.  Before  the commissioner may issue a
  permit to the owner or lessee of an amusement device, viewing  stand  or
  tent,  the  owner  or lessee of such device, viewing stand or tent shall
  furnish the commissioner with proof that he has purchased  insurance  or
  posted  cash  or  other  security in an amount not less than one million
  dollars per occurrence or a bond in an amount not less than two  million
  five  hundred  thousand  dollars  in the aggregate against liability for
  injury to persons arising out  of  the  use  of  the  amusement  device,
  viewing  stand  or  tent.  In  the  event  such  liability  insurance is
  cancelled, the insurer shall give thirty  days'  prior  notice  of  such
  cancellation to the commissioner.
2023 New York Laws › LAB - Labor › Article 27 - Carnival, Fair and Amusement Park Safety › 870-G - Reports of Injuries.

§  870-g. Reports of injuries. 1. The owner or lessee of any amusement
  device, viewing stand or tent which, during the course of its operation,
  is involved in an accident which results in an injury shall report  such
  injury to the owner's or lessee's insurer.
2.  The owner or lessee of any amusement device, viewing stand or tent
  which, during the course of its operation, is involved  in  an  accident
  which  results  in  a  serious  injury  shall  report such injury to the
  commissioner prior to the close of business of the  commissioner's  next
  business day.
3.  When  a  serious  injury  occurs  involving  the  operation  of an
  amusement device, viewing stand or  tent,  the  owner  or  lessee  shall
  immediately  shut  down  the  device, viewing stand or tent from further
  use. (a) In the case of an amusement device, the device may  not  resume
  operation  until  the  safety  coordinator  determines  that the serious
  injury was not caused by  a  mechanical  or  structural  defect  in  the
  amusement  device; (b) In the case of a viewing stand or tent, the stand
  or tent may not be occupied again until the commissioner or  the  safety
  coordinator  determines  that  the  serious  injury  was not caused by a
  mechanical or structural defect in the viewing stand or tent.
4. If the safety coordinator determines  that  a  serious  injury  was
  caused  by  a  mechanical  or structural defect, the device shall remain
  shut down until such repairs are completed  and  the  device  is  deemed
  operational  by  a  licensed architect, professional engineer, qualified
  inspector of an insurance underwriter or an inspector  approved  by  the
  commissioner.   An affidavit of such inspection and correction of defect
  shall be filed with the commissioner.
2023 New York Laws › LAB - Labor › Article 27 - Carnival, Fair and Amusement Park Safety › 870-H - Notice to Owners.

§  870-h.  Notice  to  owners.  The  commissioner shall furnish to all
  owners, lessees and operators of amusement devices, viewing  stands  and
  tents notice of all rights and obligations prescribed under this article
  upon receipt of permit applications.
2023 New York Laws › LAB - Labor › Article 27 - Carnival, Fair and Amusement Park Safety › 870-I - Additional Rule Making.

§  870-i. Additional rule making. The commissioner may make additional
  rules consistent with this article guarding against personal injuries in
  the assembly, disassembly and use of amusement devices,  viewing  stands
  and tents at carnivals, fairs and amusement parks to persons employed at
  or  to persons attending the carnivals, fairs and amusement parks. Where
  the carnivals, fairs and amusement parks are located within the city  of
  New  York,  the department of buildings of the city of New York may also
  make and enforce such additional rules.
2023 New York Laws › LAB - Labor › Article 27 - Carnival, Fair and Amusement Park Safety › 870-J - Civil Penalties.

§  870-j.  Civil  penalties. 1. Any person who knowingly and willfully
operates an amusement device, viewing stand or tent without any  of  the
following:
(a)  the  permit  required  by section eight hundred seventy-d of this
article; or
(b) the inspections required by section  eight  hundred  seventy-e  of
this article; or
(c)  the insurance or other security required by section eight hundred
seventy-f of this article shall be subject to a  civil  penalty  of  not
less than two thousand dollars, nor more than four thousand dollars, for
each day the violation continues.
2.  Any person who operates an amusement device, viewing stand or tent
without any of the following:
(a) the permit required by section eight  hundred  seventy-d  of  this
article; or
(b)  the  inspections  required  by section eight hundred seventy-e of
this article; or
(c) the insurance or other security required by section eight  hundred
seventy-f  of  this  article  shall be subject to a civil penalty of not
less than two thousand dollars, nor more than four thousand dollars.
3. The commissioner, in assessing penalties under subdivision  one  of
this section, shall give due consideration to the appropriateness of the
penalty  with  respect  to the size of the owner's or lessee's business,
the good faith of the owner  or  lessee  and  his  history  of  previous
violation.
4. Any operator of an amusement device who has been subject to a civil
penalty  imposed  pursuant  to this section relating to the operation of
such amusement device on two or more  occasions  within  any  five  year
period of time shall not operate the amusement device in this state, and
such  device  shall be taken out of service as soon as practicable. When
an  amusement  device  is  taken  out  of  service  pursuant   to   this
subdivision,  the  operator of such device shall sign an affidavit, in a
form approved by the commissioner, that the amusement device  was  taken
out  of  service  and  will remain out of service until such time as the
commissioner determines that  the  amusement  device  meets  all  safety
requirements  established  pursuant  to this article. Any operator of an
amusement device, which is sworn to have been taken out of service,  who
operates  or  allows  to  be  operated  such device, in violation of the
operator's affidavit, shall  be  subject  to  a  fine  of  ten  thousand
dollars.
2023 New York Laws › LAB - Labor › Article 27 - Carnival, Fair and Amusement Park Safety › 870-K - Criminal Penalties.

§  870-k.  Criminal  penalties.  1.  (a)  Any  owner  or  lessee of an
amusement device, viewing  stand  or  tent  who  wilfully  violates  any
provision  of  this  article  or any rule, regulation, standard or order
promulgated pursuant to this article, and that violation causes physical
injury to any member of the public exposed to the violation,  is  guilty
of  a  class  A  misdemeanor  and  upon conviction shall be sentenced in
accordance with the provisions of the penal law.
(b) Any owner or lessee of an amusement device, viewing stand or  tent
who  wilfully  violates  any  provision  of  this  article  or any rule,
regulation, standard or order promulgated pursuant to this article,  and
that  violation causes death or serious physical injury to any member of
the public exposed to the violation, is guilty of a class E  felony  and
upon  conviction shall be sentenced in accordance with the provisions of
the penal law.
(c) For the purposes of this subdivision, the term  "physical  injury"
shall  have the same meaning as that term is defined in subdivision nine
of section 10.00 of the penal law and the term "serious physical injury"
shall have the same meaning as that term is defined in  subdivision  ten
of section 10.00 of the penal law.
2.  A  person who knowingly makes any false statement, representation,
or certification in any  application,  record,  report,  plan  or  other
document filed or required to be maintained pursuant to this article, is
guilty  of a misdemeanor and upon conviction is subject to a fine of not
more than two thousand five hundred dollars or imprisonment for not more
than six months, or both.
3. Nothing contained in this section shall be construed  to  limit  or
preclude a prosecution under any provision of the penal law.
2023 New York Laws › LAB - Labor › Article 27 - Carnival, Fair and Amusement Park Safety › 870-M - Exceptions.

§  870-m.  Exceptions. (a) In the case of an amusement device, viewing
stand or tent operated in a carnival, fair or amusement park located  in
a  city  having  a  population  of over one million, a permit or license
issued by such city shall satisfy  the  requirements  of  section  eight
hundred  seventy-d  of  this article, provided that all the requirements
for issuance of a permit by the commissioner have been satisfied.
(b) This article shall not apply to the use of a viewing stand or tent
on any state or county fairgrounds or to the use of a viewing  stand  or
tent  owned,  leased or operated by any bona fide religious, charitable,
educational,  fraternal,  service,  veteran  or  volunteer   firefighter
organization;  except that it shall apply to any private owner or lessee
who operates an amusement device, viewing stand or tent on  a  state  or
county fairground, or for or on behalf of such organization.
2023 New York Laws › LAB - Labor › Article 27 - Carnival, Fair and Amusement Park Safety › 870-O - Amusement Device and Attraction Awareness.

§  870-o.  Amusement  device  and attraction awareness. The department
  shall  develop,  establish  and  implement,  in  cooperation  with   the
  carnival,  fair  and amusement park safety advisory board established in
  section eight hundred seventy-n of this article, a  program  to  educate
  and  provide  awareness  to the public on the risks of amusement devices
  and attractions to both adults and children, and  how  adults  can  take
  steps  to  assure  their  own safety and the safety of children in their
  care. The program established pursuant to this section shall provide and
  disseminate guidelines  for  safety  while  riding  or  using  amusement
  devices or attractions by adults, adolescents and children. Such program
  shall utilize written information provided to the public and the posting
  of  conspicuous  signs  at  carnivals,  fairs  and  amusement  parks, as
  required by law or regulation.
2023 New York Laws › LAB - Labor › Article 28 - Toxic Substances › 875 - Definitions.

§ 875. Definitions. When used in this article:
1.  "Employer"  means  any  individual,  partnership,  corporation  or
  association engaged in a business who has employees including the  state
  and its political subdivisions. The term "employer" does not include the
  employment  of domestic workers or casual laborers employed at the place
  of residence of his or her employer.
2. "Toxic substance" means any substance which is listed in the latest
  printed edition of the national institute for  occupational  safety  and
  health  registry  of toxic effects of chemical substances or has yielded
  positive evidence of acute or chronic health hazards in human, animal or
  other biological testing.
3. "Workplace" means any location away from  the  home,  permanent  or
  temporary,  where  any  employee  performs  any work-related duty in the
  course of his employment.
2023 New York Laws › LAB - Labor › Article 28 - Toxic Substances › 877 - Trade Secrets.

§  877. Trade secrets. 1. When a manufacturer, producer, formulator or
  employer considers the identity of or  other  information  concerning  a
  toxic  chemical  substance  to  be  a  protectable  trade  secret  or  a
  proprietary process whose disclosure would  compromise  his  competitive
  advantage  and  when  other  applicable provisions of the health law are
  satisfied,  he  may  register  this  information  as  secret  with   the
  commissioner of health.
2. Manufacturers, producers, formulators and employers who so register
  a  substance,  process  or  product with the commissioner of health must
  inform in writing, employers who request information  relating  to  such
  substance,  and employees and their representatives, that such substance
  or process constitutes a registered trade secret or proprietary  process
  and  that  information  regarding the toxic effects of such substance is
  only available without identifying information  and  must  provide  such
  information without identifying data.
3. No officer, employee or agent of any state or municipal department,
  agency,  commission  or authority shall disclose to anyone in any manner
  any record or portions thereof protected pursuant to  this  article  and
  which  are within his custody or knowledge for so long as such record or
  portions thereof shall be so exempted or until a final  judicial  denial
  of  such exemption is rendered. Any person who violates any provision of
  this subdivision may be fined,  suspended  or  removed  from  office  or
  employment in the manner provided by law.
2023 New York Laws › LAB - Labor › Article 28 - Toxic Substances › 878 - Employee Education and Training.

§  878.  Employee  education  and  training.  1.  Every employer shall
institute an education and  training  program  for  employees  routinely
exposed to toxic substances.
2.  The education and training program shall commence prior to initial
assignment  and  shall  be  repeated  at  least   annually   thereafter.
Additional  instruction  must  be  provided  whenever  the potential for
exposure to toxic substances is altered.
3. The education and training program shall include, but  may  not  be
limited to, the following:
(a)  the  location  of  toxic  substances to which the employee may be
exposed;
(b) the properties of toxic  substances  to  which  employees  may  be
exposed;
(c) the name or names of the toxic substance, including the generic or
chemical name;
(d) the trade name of the chemical and any other commonly used name;
(e) the acute and chronic effects of exposure at hazardous levels;
(f) the symptoms of effects of exposure at hazardous levels;
(g)  the  potential for flammability, explosion and reactivity of such
substance;
(h) appropriate emergency treatment;
(i) proper  conditions  for  safe  use  and  exposure  to  such  toxic
substance;
(j)  procedures  for  cleanup  of  leaks  and  spills  of  such  toxic
substance.
2023 New York Laws › LAB - Labor › Article 28 - Toxic Substances › 879 - Records.

§ 879. Records. Employers shall keep a record of the name, address and
  social security number of every employee who handles or uses a substance
  or  substances  included  in section nineteen hundred ten of the federal
  occupational safety and health regulations,  subparagraph  z  and  which
  such  substance  or  substances  was  or  were  handled or used by which
  employee. Such record shall be made available to each affected employee,
  former  employee,  designated  physician  or  representative   and   the
  commissioner  of health, upon request, for examination and copying. Such
  record shall be kept for forty years. Such records shall be sent to  the
  department  of  health if the employer's establishment ceases to operate
  within the state of New York.
2023 New York Laws › LAB - Labor › Article 28 - Toxic Substances › 882 - Penalties.

§  882.  Penalties. 1. Civil penalty. Any employer who fails to comply
  with the provisions of this article shall be liable for a civil  penalty
  not  to exceed ten thousand dollars in addition to any other damages for
  which an employer may be liable pursuant to any other provision of  law.
  The  attorney  general  may bring an action in the supreme court against
  any person or persons alleged to have violated the  provisions  of  this
  article. In any such action the supreme court shall have jurisdiction to
  restrain  violations  of this article and to levy appropriate penalties.
  Any penalty assessed for the violation of any of the provisions of  this
  article  shall  be  payable to the commissioner of health to be utilized
  for the purposes of environmental health pursuant to section forty-eight
  hundred two of the public health law.
2. Criminal  penalty.  Any  person  who  willfully  and  intentionally
  violates  the  provisions of this article is guilty of a misdemeanor and
  upon conviction shall be punished, for a first offense, by a fine of not
  more than five hundred dollars, or by imprisonment  for  not  more  than
  thirty  days  or  by  both  such fine and imprisonment; for a subsequent
  offense by a  fine  of  not  more  than  one  thousand  dollars,  or  by
  imprisonment  for  not  more  than ninety days, or by both such fine and
  imprisonment.
2023 New York Laws › LAB - Labor › Article 28 - Toxic Substances › 883 - Separability.

§  883.  Separability.  If  any  section,  clause or provision of this
  article shall be unconstitutional or be ineffective in whole or in part,
  to the extent that it is not unconstitutional or ineffective,  it  shall
  be  valid  and effective and no other section, clause or provision shall
  on account thereof be deemed invalid or ineffective.
2023 New York Laws › LAB - Labor › Article 29 - Training and Education Program on Occupational Safety and Health › 884 - Legislative Findings and Intent.

§ 884. Legislative findings and intent. The workers of New York state,
  both  public  and  private, pursuant to state and federal laws, have the
  right to a safe  and  healthy  workplace,  including,  pursuant  to  the
  provisions  of  article  twenty-eight  of  this  chapter,  the  right to
  training and education about the toxic substances in their workplace.
It is the public policy of this state  to  promote  safe  and  healthy
  conditions  in  the  workplace. Further, it is the public policy of this
  state  to  encourage  voluntary  compliance  with  safety   and   health
  regulations  and  the  prevention of illness and injury through training
  and education programs.
Therefore, it is the intent of this legislature to  achieve  the  full
  benefits  of  such  preventive  measures  by  creating  a  training  and
  educational program  on  occupational  safety  and  health,  which  will
  operate  through  a  program of grants to employers (public or private),
  labor organizations or their federations, trade associations,  nonprofit
  organizations  and  educational  institutions,  for conducting training,
  education, and other proven preventive programs. Furthermore, it is  the
  legislature's intention to foster voluntary preventive activities on the
  part  of  employers and employees by the utilization of the training and
  education program on occupational safety and health.
2023 New York Laws › LAB - Labor › Article 29 - Training and Education Program on Occupational Safety and Health › 885 - Definitions.

§ 885. Definitions. As used in this article:
1.  "Board"  shall  mean  the  New  York state occupational safety and
  health hazard abatement board created  pursuant  to  the  provisions  of
  section twenty-seven-a of this chapter.
2. The term "program" shall mean the training and education program on
  occupational  safety  and  health  created pursuant to the provisions of
  section eight hundred eighty-six of this article.
3. The term "fund" shall mean the training and  education  program  on
  occupational safety and health fund created pursuant to the provisons of
  section ninety-seven-c of the state finance law.
2023 New York Laws › LAB - Labor › Article 29 - Training and Education Program on Occupational Safety and Health › 886 - Training and Education Program on Occupational Safety and Health.

§  886.  Training  and  education  program  on occupational safety and
health. 1. There is hereby created a training and education  program  on
occupational safety and health.
2. The board shall, pursuant to the provisions of subdivision fourteen
of  section  twenty-seven-a of this chapter, provide grants to employers
(public or private), labor organizations  or  their  federations,  trade
associations,  nonprofit  organizations  and educational institutions to
provide occupational safety and health education and  training  services
to  employees and employers at locations throughout the state, including
education services  as  required  under  article  twenty-eight  of  this
chapter,  training and education for employees concerning the prevention
of occupational diseases and injuries, and  any  other  services  deemed
effective to promote the prevention of accidents and illness.
3.  Apportionment  of  funds.  (a) The department shall retain no more
than ten percent of the appropriated funds  for  the  administration  of
this program.
(b) Any funds reappropriated for the purposes provided in this article
which the commissioner determines to be unencumbered as of July first of
the year in which said grants lapse, shall, by January first of the next
succeeding  year, be awarded to grantees in the same manner as all other
funds appropriated for this purpose in the same manner as  other  grants
under subdivision two of this section.