New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter B - Rules Of Procedure And Practice › Part 72 - Applications For Stay From Notice Of Dangerous Condition ("unsafe Notice") Issued Pursuant To Section 200(2) Of Labor Law › Section 72.1 - Application

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The provisions
				  of this Part shall apply to the filing, processing, hearing, consideration and
				  determination of an application for a stay from a notice of a dangerous
				  condition ("unsafe notice") issued by the Commissioner of Labor pursuant to
				  section 200, subdivision 2  of the Labor Law.
(b) Section 200, subdivision 2, provides:
"2. If the commissioner finds that any machinery,
					 equipment, or device in any place to which this chapter applies is in a
					 dangerous condition, or finds that any area to which this chapter applies is in
					 a dangerous condition, he may attach a notice to such machinery, equipment, or
					 device, or post a notice in such area warning all persons of the danger. Such
					 notice shall prohibit the use of such machinery, equipment, or device or
					 prohibit further work in or occupancy of such area until the dangerous
					 condition is corrected and the notice is removed by the commissioner. Upon
					 receipt of a written notification from the employer that the dangerous
					 condition has been corrected, the commissioner shall make a reinspection within
					 ten working days, and if the commissioner finds that the dangerous condition
					 has been corrected, he shall remove the notice. The filing with the board of a
					 petition for a review of the validity and reasonableness of the commissioner's
					 order pursuant to section one hundred one of this chapter, shall not stay
					 further proceedings; provided, however, that the board, in its discretion, may
					 upon application of the petitioner stay further proceedings. The board shall
					 grant or deny such application for a stay within seventy-two hours after the
					 filing of the application."
(c) The foregoing procedure for tagging
				  unsafe an object or an area referred to in section 200, subdivision 2, is
				  invoked when an enforcement representative of the Commissioner of Labor finds
				  that the condition of any machinery, equipment, device or area to which the
				  Labor Law applies, or that the circumstances under which any of the aforesaid
				  items or areas are or may be used, evinces or is likely to occasion a degree of
				  danger or a severity of hazard, justifying summary prohibition of the use of
				  the tagged object or area.
(d) An
				  "unsafe notice" which is affixed to an object or which is posted in an area
				  pursuant to the above-quoted Labor Law provision customarily is accompanied
				  with a Notice of Violation and Order to Comply, which includes:
(1) an order forbidding the use of the tagged
				  object or area until the "unsafe notice" is officially removed or otherwise
				  lawfully terminated; and
(2) if not
				  previously issued, an order directing that the alleged dangerous condition be
				  corrected.