reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter XI - Division Of Safety And Health › Subchapter A - Public Employees' Safety And Health › Part 803 - Variance Regulations › Section 803.12 - Requests for hearings on applications

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Request for hearing. Within 15 working
				  days after notice of the filing of an application, any affected employer or
				  employee may file with the commissioner, in triplicate, a request for a hearing
				  on the application.
(b) Contents of
				  a request for a hearing. The request for a hearing shall include:
(1) a concise statement of facts showing how
				  the employer or employee would be affected by the relief applied for;
(2) a specification of any statement or
				  representation in the application which is denied, and a concise summary of the
				  evidence that would be adduced in support of each denial; and
(3) any views or arguments on any issue of
				  fact or law presented.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter XI - Division Of Safety And Health › Subchapter A - Public Employees' Safety And Health › Part 803 - Variance Regulations › Section 803.13 - Consolidation of proceedings

Current through Register Vol. 46, No. 28, July 10, 2024
The commissioner on his own motion or that of any party may
					 consolidate or contemporaneously consider two or more applications for
					 variances from cited standards which involve the same or closely related
					 issues.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter XI - Division Of Safety And Health › Subchapter A - Public Employees' Safety And Health › Part 803 - Variance Regulations › Section 803.14 - Notice of hearings

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Service. The commissioner shall give reasonable notice of hearing to all
				  affected parties.
(b) Contents. The
				  notice of hearing shall include:
(1) the time,
				  place and nature of the hearing;
(2) the legal authority under which the
				  hearing is to be held;
(3) a
				  specification of issues of fact and law; and
(4) a designation of a hearing officer
				  appointed to conduct the hearing.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter XI - Division Of Safety And Health › Subchapter A - Public Employees' Safety And Health › Part 803 - Variance Regulations › Section 803.15 - Manner of service

Current through Register Vol. 46, No. 28, July 10, 2024
Service of any document upon any party may be made by
					 personal delivery of, or by mailing a copy of the document to the last known
					 address of the party. The hearing officer serving the document shall certify to
					 the manner and the date of the service.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter XI - Division Of Safety And Health › Subchapter A - Public Employees' Safety And Health › Part 803 - Variance Regulations › Section 803.16 - Hearing officers: power and duties

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Powers. A hearing officer designated to
				  conduct a hearing shall have all powers necessary or appropriate to conduct a
				  fair, full and impartial hearing, including the following:
(1) to administer oaths and
				  affirmations;
(2) to rule upon
				  offers of proof and receive relevant evidence;
(3) to provide for discovery and to determine
				  its scope;
(4) to regulate the
				  course of the hearing and the conduct of the parties and their counsel
				  therein;
(5) to consider and rule
				  upon procedural requests;
(6) to
				  hold conferences for the settlement or simplification of the issues by consent
				  of the parties;
(7) to make, or to
				  cause to be made, an inspection of the employment or place of employment
				  involved;
(8) to make decisions in
				  accordance with the law, this regulation and the State Administrative Procedure
				  Act; and
(9) to take any other
				  appropriate action authorized by the law, this regulation or the State
				  Administrative Procedure Act.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter XI - Division Of Safety And Health › Subchapter A - Public Employees' Safety And Health › Part 803 - Variance Regulations › Section 803.17 - Prehearing conferences

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Convening a conference. Upon his own motion or the motion of a party, the
				  hearing officer may direct the parties or their counsel to meet for a
				  conference to consider:
(1) simplification of
				  the issues;
(2) necessity or
				  desirability of amendments to documents for purposes of clarification,
				  simplification or limitation;
(3)
				  stipulations, admissions of fact, and of contents and authenticity of
				  documents;
(4) limitation of the
				  number of parties and of expert witnesses; and
(5) such other matters as may tend to
				  expedite the disposition of the proceeding, and to assure a just conclusion
				  thereof.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter XI - Division Of Safety And Health › Subchapter A - Public Employees' Safety And Health › Part 803 - Variance Regulations › Section 803.18 - Consent findings and orders

Current through Register Vol. 46, No. 28, July 10, 2024
(a) General. At any time before the reception
				  of evidence in any hearing, or during any hearing a reasonable opportunity may
				  be afforded to permit negotiation by the parties of an agreement containing
				  consent findings and an order disposing of the whole or any part of the
				  proceeding. The allowance of such opportunity and the duration thereof shall be
				  in the discretion of the hearing officer, after consideration of the nature of
				  the proceeding, the requirements of the public interest, the representation of
				  the parties, and the probability of an agreement which will result in a just
				  disposition of the issues involved.
(b) Contents. Any agreement containing
				  consent findings and an order disposing of a proceeding shall also provide:
(1) that the order shall have the same force
				  and effect as if made after a full hearing;
(2) that the entire record on which any order
				  may be based shall consist solely of the application and the
				  agreement;
(3) a waiver of any
				  further procedural steps before the hearing officer and the commissioner;
				  and
(4) a waiver of any right to
				  challenge or contest the validity of the findings and of the order made in
				  accordance with the agreement.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter XI - Division Of Safety And Health › Subchapter A - Public Employees' Safety And Health › Part 803 - Variance Regulations › Section 803.19 - Discovery

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Depositions.
(1) For reasons of unavailability or for
				  other good cause shown, the testimony of any witness may be taken by
				  deposition. Depositions may be taken orally or upon written interrogatories
				  before any officer designated by the hearing officer and having power to
				  administer oaths.
(2) Application.
				  Any party desiring to take the deposition of a witness may make application in
				  writing to the hearing officer, setting forth:
(i) the reasons why such deposition should be
				  taken;
(ii) the time when, the
				  place where, and the name and address of the person before whom the deposition
				  is to be taken;
(iii) the name and
				  address of each witness; and
(iv)
				  the subject matter concerning which each witness is expected to
				  testify.
(3) Notice.
				  Such notice as the hearing officer may order shall be given by the party taking
				  the deposition to every other party.
(4) Taking and receiving in evidence. Each
				  witness testifying upon deposition shall be sworn, and the parties not calling
				  him shall have the right to cross-examine him. The questions propounded and the
				  answers thereto, together with all objections made, shall be reduced to
				  writing, read and subscribed by him, and certified by the officer before whom
				  the deposition is taken. Thereafter, the officer shall forward two copies
				  thereof, by registered mail to the hearing officer. Subject to such objections
				  to the questions and answers as were noted at the time of taking the deposition
				  and would be valid were the witness personally present and testifying, such
				  deposition may be read and offered in evidence by any party. No part of a
				  deposition shall be admitted in evidence unless there is a showing that the
				  reasons for the taking of the deposition in the first instance exist at the
				  time of the hearing.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter XI - Division Of Safety And Health › Subchapter A - Public Employees' Safety And Health › Part 803 - Variance Regulations › Section 803.20 - Hearings

Current through Register Vol. 46, No. 28, July 10, 2024
Hearings conducted under the law are considered
					 administrative hearings and as such the general rules of evidence do not
					 apply.
(a) Order of proceeding.
(1) Parties appearing at the hearing shall be
				  given an opportunity to make an opening statement of their position prior to
				  presentation of their facts, narrative, exhibits or witnesses and shall appear
				  in the following order:
(i) the applicant or
				  agent;
(ii) the director, Division
				  of Safety and Health or designated representative;
(iii) employees and/or employee
				  representative(s) of persons working at the cited premises; and
(iv) other interested parties.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter XI - Division Of Safety And Health › Subchapter A - Public Employees' Safety And Health › Part 803 - Variance Regulations › Section 803.21 - Decisions of hearing officers

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Proposed findings of fact, conclusion, and rules or orders. Within 10 days
				  after receipt of notice that the transcript of the testimony has been filed or
				  such additional time as the presiding hearing officer may allow, each party may
				  file with the hearing officer proposed findings of fact, conclusion of law, and
				  rule or order, together with a supporting brief expressing the reasons for such
				  proposals. Such proposals and brief shall be served on all other parties, and
				  shall refer to all portions of the record and to all authorities relied upon in
				  support of each proposal.
(b)
				  Decision of the hearing officer. Within a reasonable time after the time
				  allowed for the filing of proposed findings of fact, conclusions of law, and
				  rule or order, the hearing officer shall make and serve upon each party a
				  decision, which shall become final upon the 20th day after service thereof,
				  unless exceptions are filed thereto. The decison of the hearing officer shall
				  include:
(1) a statement of findings and
				  conclusions with reasons and bases therefor, upon each material issue of fact,
				  law or discretion presented on the record; and
(2) the appropriate rule, order, relief or
				  denial thereof.
The decision of the hearing officer shall be based upon a
					 consideration of the whole record and shall state all facts officially noticed
					 and relied upon. It shall be made on the basis of a preponderance of reliable
					 and probative evidence.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter XI - Division Of Safety And Health › Subchapter A - Public Employees' Safety And Health › Part 803 - Variance Regulations › Section 803.22 - Exceptions

Current through Register Vol. 46, No. 28, July 10, 2024
Within 20 days after service of the decision of the hearing
					 officer, any party may file with the hearing officer written exceptions thereto
					 with supporting reasons. Such exceptions shall refer to the specific findings
					 of fact, conclusions of law, or terms of the rule or order excepted to, the
					 specific pages of transcript relevant to the suggestions, and shall request
					 corrected findings of fact, conclusions of law, or terms of the rule or order.
					 Upon receipt of any exceptions, the hearing officer shall fix a time for filing
					 any objections to the exceptions and any supporting reasons.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter XI - Division Of Safety And Health › Subchapter A - Public Employees' Safety And Health › Part 803 - Variance Regulations › Section 803.23 - Transmission of record

Current through Register Vol. 46, No. 28, July 10, 2024
If exceptions are filed, the hearing officer shall transmit
					 the record of the proceeding to the commissioner for review. The record shall
					 include: the application, any request for hearing thereon, motions and requests
					 filed in written form, rulings thereon, the transcript of the testimony taken
					 at the hearing, together with the exhibits admitted in evidence, any documents
					 or papers filed in connection with prehearing conferences, such proposed
					 findings of fact, conclusions of law, rules or orders, and supporting reasons
					 as may have been filed, the hearing officer's decision, and such exceptions,
					 statements of objections, and briefs in support thereof, as may have been filed
					 in the proceeding.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter XI - Division Of Safety And Health › Subchapter A - Public Employees' Safety And Health › Part 803 - Variance Regulations › Section 803.24 - Decision of the commissioner

Current through Register Vol. 46, No. 28, July 10, 2024
If exceptions to a decision of a hearing officer are taken,
					 the commissioner shall upon consideration thereof, together with the record
					 references and authorities cited in support thereof, and any objections to
					 exceptions and supporting reasons, make a decision. The decision may affirm,
					 modify, or set aside, in whole or in part, the findings, conclusions, and the
					 rule or order contained in the decision of the hearing officer, and shall
					 include a statement of reasons or bases for the actions taken on each exception
					 presented.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter XI - Division Of Safety And Health › Subchapter A - Public Employees' Safety And Health › Part 803 - Variance Regulations › Section 803.25 - Motion for summary decision

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Any party may, at least 15 days before the date fixed for any hearing under
				  section
				  803.14  of this
				  Part, move with or without supporting affidavits for a summary decision on all
				  or any part of the proceeding. Any other party may, within 7 days after service
				  of the motion, serve opposing affidavits or countermove for summary decision.
				  The hearing officer may set the matter for argument and call for the submission
				  of briefs, and other materials or render a decision on the papers
				  submitted.
(b) The filing of any
				  documents under subdivision (a) of this section shall be with the hearing
				  officer, and copies of any such documents shall be served in accordance with
				  section
				  803.15  of this
				  Part.
(c) The hearing officer may
				  grant such motion if the pleadings, affidavits, material obtained by discovery
				  or otherwise obtained, or matters officially noticed show that there is not
				  genuine issue as to any material fact and that a party is entitled to summary
				  decision. The hearing officer may deny such motion whenever the moving party
				  denies access to information by means of discovery to a party opposing the
				  motion.
(d) Affidavits shall set
				  forth such facts as would be admissible in evidence in an administrative
				  hearing and shall show affirmatively that the affiant is competent to testify
				  to the matters stated therein. When a motion for summary decision is made and
				  supported as provided in this section, a party opposing the motion may not rest
				  upon the mere allegations or denials of his pleading; his response must set
				  forth specific facts showing that there is a genuine issue of fact for the
				  hearing.
(e) Should it appear from
				  the affidavits of a party opposing the motion that he cannot for reasons stated
				  present by affidavit facts essential to justify his opposition, the hearing
				  examiner may deny the motion for summary decision or may order a continuance to
				  permit affidavits to be obtained or discovery to be had or may make such other
				  order as is just.
(f) The denial of
				  all or any part of a motion for summary decision by the hearing officer shall
				  not be subject to interlocutory appeal to the commissioner unless the hearing
				  officer certifies in writing:
(1) that the
				  ruling involves an important question of law or policy as to which there is
				  substantial ground for difference of opinion; and
(2) that an immediate appeal from the ruling
				  may materially advance the ultimate termination of the proceeding.
The allowance of such an interlocutory appeal shall not
					 stay the proceeding before the hearing officer unless the commissioner shall so
					 order.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter XI - Division Of Safety And Health › Subchapter A - Public Employees' Safety And Health › Part 803 - Variance Regulations › Section 803.26 - Summary decision

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No
				  genuine issue of material fact.
(1) Where no
				  genuine issue of a material fact is found to have been raised, the hearing
				  officer may issue an initial decision to become final 20 days after service
				  thereof, unless within such period of time any party has filed written
				  exceptions to the decision. If any timely exception is filed, the hearing
				  officer shall fix a time for filing any objections to the exception and any
				  supporting reasons. Thereafter, the commissioner, after consideration of the
				  exceptions and any supporting briefs filed therewith and of any objection to
				  the exceptions and any supporting reasons, may issue a final
				  decision.
(2) An initial decision
				  and a final decision made under this paragraph shall include a statement of:
(i) findings and conclusions, and the reasons
				  or bases therefor, on all issues presented; and
(ii) the terms and conditions of the rule or
				  order made.
(3) A copy
				  of an initial decision and a final decision under this paragraph shall be
				  served on each party.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter XI - Division Of Safety And Health › Subchapter A - Public Employees' Safety And Health › Part 803 - Variance Regulations › Section 803.27 - Effect of appeal of a hearing officer's decision

Current through Register Vol. 46, No. 28, July 10, 2024
A hearing officer's decision under this Part shall not be
					 operative pending a decision on appeal by the commissioner.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter XI - Division Of Safety And Health › Subchapter A - Public Employees' Safety And Health › Part 803 - Variance Regulations › Section 803.28 - Finality for purposes of judicial review

Current through Register Vol. 46, No. 28, July 10, 2024
Only a decision by the commissioner shall be deemed final
					 agency action for purposes of judicial review. A decision by a hearing officer
					 which becomes final for lack of appeal is not deemed final agency action for
					 purposes of article 78 of the Civil Practice Law and Rules.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter XI - Division Of Safety And Health › Subchapter A - Public Employees' Safety And Health › Part 804 - Petition For Modification Of Abatement Date › Section 804.1 - Application

Current through Register Vol. 46, No. 28, July 10, 2024
An employer may file a petition for modification of the
					 abatement date when compliance with the abatement requirements of a notice of
					 violation and order to comply have not been completed due to factors beyond its
					 reasonable control.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter XI - Division Of Safety And Health › Subchapter A - Public Employees' Safety And Health › Part 804 - Petition For Modification Of Abatement Date › Section 804.2 - Content of petition

Current through Register Vol. 46, No. 28, July 10, 2024
A petition for modification of abatement date shall be in
					 writing and shall:
(a) state the name
				  and address of the petitioner;
(b)
				  state the address and location of the place or places of employment affected by
				  the petition;
(c) annex a complete
				  copy of the notice of violation and order to comply which sets forth the
				  standard and abatement date in issue;
(d) contain a statement by the petitioner,
				  supported by representations from qualified persons having first hand knowledge
				  of the facts represented, that it is unable to comply with the standard or
				  portion thereof cited in the notice of violation and order to comply by the
				  original abatement date and a detailed statement of the reasons
				  therefor;
(e) contain a statement
				  of all interim steps the employer has taken and will take, with dates
				  specified, to protect employees against the hazard covered by the standard or
				  portion thereof cited in the notice of violation and order to comply;
(f) contain a statement of when the
				  petitioner expects to be able to comply with the standard or portion thereof
				  cited in the notice of violation and order to comply and what steps it has
				  taken and what steps it will take, with dates specified, to come into
				  compliance with the standard;
(g)
				  annex a certification that a copy of the petition has been posted and, if
				  appropriate, served on the authorized representative of the affected employees
				  in accordance with section
				  804.4 
				  of this Part, including the date and location of such posting and service of
				  the petition;
(h) set forth with
				  particularity the relief requested; and
(i) be signed by petitioner or its
				  representative.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter XI - Division Of Safety And Health › Subchapter A - Public Employees' Safety And Health › Part 804 - Petition For Modification Of Abatement Date › Section 804.3 - When and where filed

Current through Register Vol. 46, No. 28, July 10, 2024
A petition for modification of abatement date shall be
					 filed with the Commissioner of Labor by mailing or delivering the petition to
					 the district supervisor of the Public Employee Safety and Health Bureau,
					 Division of Safety and Health, New York State Department of Labor, in the
					 district that issued the notice of violation and order to comply no later than
					 the close of the next working day following the expiration date of the
					 abatement period. A petition filed after that date shall be accompanied by the
					 petitioner's statement of exceptional circumstances explaining the delay. For
					 good cause shown, a petition filed after the time allowed may be accepted by
					 the commissioner.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter XI - Division Of Safety And Health › Subchapter A - Public Employees' Safety And Health › Part 804 - Petition For Modification Of Abatement Date › Section 804.4 - Posting and service requirement

Current through Register Vol. 46, No. 28, July 10, 2024
A copy of the petition shall be posted in a conspicuous
					 place at or near the location where the violation(s) occurred providing
					 affected employees with notice thereof and of their right to object thereto
					 within 10 working days. A copy of the petition shall remain posted for a period
					 of 10 working days. Where affected employees are represented by an authorized
					 representative, said representative shall also be served personally or by
					 certified mail with a copy of the petition contemporaneously with the
					 posting.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter XI - Division Of Safety And Health › Subchapter A - Public Employees' Safety And Health › Part 804 - Petition For Modification Of Abatement Date › Section 804.5 - Response to petition

Current through Register Vol. 46, No. 28, July 10, 2024
Affected employees or their authorized representative may
					 file written objections to the petition with the district supervisor within 10
					 working days of the date of posting and service of the petition, whichever is
					 later. Failure by the affected employees or their authorized representative to
					 file written objections to the petition shall constitute a waiver of any
					 further right to object thereto.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter XI - Division Of Safety And Health › Subchapter A - Public Employees' Safety And Health › Part 804 - Petition For Modification Of Abatement Date › Section 804.6 - Determination of the commissioner

Current through Register Vol. 46, No. 28, July 10, 2024
The commissioner or his duly authorized representative may
					 grant, modify or deny a petition for modification of abatement date filed
					 pursuant to sections
					 804.2 and
					 804.3  of
					 this Part. No determination of approval shall be made prior to the expiration
					 of 15 working days from the date the petition was posted and served pursuant to
					 section
					 804.4 
					 of this Part. The commissioner will mail a copy of the determination to the
					 parties which will also notify the parties of their rights under sections
					 804.7
					 and
					 804.8  of this
					 Part.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter XI - Division Of Safety And Health › Subchapter A - Public Employees' Safety And Health › Part 804 - Petition For Modification Of Abatement Date › Section 804.7 - Review of employee objection

Current through Register Vol. 46, No. 28, July 10, 2024
When a petition has been objected to by affected employees
					 or their representative, if there is one, such petition shall be processed as
					 follows:
(a) If the commissioner's
				  determination grants, in whole or in part, the employer's application, the
				  petition, citation and any objections shall be forwarded by the commissioner to
				  the Industrial Board of Appeals within 10 working days.
(b) The Industrial Board of Appeals shall
				  docket and process such petitions as expedited proceedings.
(c) Within 10 working days after the receipt
				  of notice of the docketing by the Industrial Board of Appeals of any petition
				  for modification of the abatement date, each party shall file a response
				  setting forth whether it is aggrieved by such determination and the reasons for
				  opposing the granting of the modification date requested in the petition. If no
				  party is aggrieved, the board on its own motion shall dismiss the
				  proceeding.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter XI - Division Of Safety And Health › Subchapter A - Public Employees' Safety And Health › Part 804 - Petition For Modification Of Abatement Date › Section 804.8 - Review by employer

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  determination of the commissioner under this Part shall be deemed a final order
				  under section 27-a  of the Labor Law, subject to review by
				  the Industrial Board of Appeals pursuant to the provisions of section 101  of the Labor Law on a petition filed by
				  the employer.
(b) An employer
				  seeking review of the determination shall have the burden of proving that such
				  employer has made a good faith effort to comply with the abatement requirement
				  of the citation and that abatement has not been completed because of factors
				  beyond the employer's control.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter XI - Division Of Safety And Health › Subchapter A - Public Employees' Safety And Health › Part 805 - Petition For Employee Contest Of Abatement Period › Section 805.1 - Application

Current through Register Vol. 46, No. 28, July 10, 2024
An affected employee or authorized employee representative
					 may contest the abatement period prescribed in the notice of violation and
					 order to comply by filing an employee contest petition when such person has
					 reason to believe that the abatement period is unreasonable.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter XI - Division Of Safety And Health › Subchapter A - Public Employees' Safety And Health › Part 805 - Petition For Employee Contest Of Abatement Period › Section 805.2 - Content of employee contest petition

Current through Register Vol. 46, No. 28, July 10, 2024
A petition for an employee contest shall be in writing and
					 shall include:
(a) the name, address
				  and telephone number of the person submitting the petition;
(b) the address and location of the place or
				  places of employment affected by the petition;
(c) the date the notice of violation was
				  issued and the particular order(s) for which the abatement period is
				  contested;
(d) a statement of the
				  reason(s) why the abatement period prescribed is unreasonable;
(e) a statement that a copy was delivered to
				  the employer, advising the employer of the filing and that the employer has 10
				  working days to respond to the commissioner at the address where such petition
				  was filed; and
(f) the signature
				  and title of the person submitting the petition.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter XI - Division Of Safety And Health › Subchapter A - Public Employees' Safety And Health › Part 805 - Petition For Employee Contest Of Abatement Period › Section 805.3 - When and where filed

Current through Register Vol. 46, No. 28, July 10, 2024
An employee contest petition shall be filed with the
					 Commissioner of Labor by mailing or delivering the petition to the district
					 supervisor of the Public Employee Safety and Health Bureau, Division of Safety
					 and Health, New York State Department of Labor, in the district that issued the
					 notice of violation and order to comply within 15 days of the posting of the
					 notice of violation and order to comply by the employer. A petition filed after
					 that date shall be accompanied by the petitioner's statement of exceptional
					 circumstances explaining the delay. For good cause shown, a petition filed
					 after the time allowed may be accepted by the commissioner.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter XI - Division Of Safety And Health › Subchapter A - Public Employees' Safety And Health › Part 805 - Petition For Employee Contest Of Abatement Period › Section 805.4 - Determination of the commissioner

Current through Register Vol. 46, No. 28, July 10, 2024
The commissioner or his duly authorized representative
					 shall respond to the employee contest petition within 15 working days. The
					 commissioner's determination may grant, modify or deny a petition filed
					 pursuant to sections
					 805.2
					 and
					 805.3  of
					 this Part.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter XI - Division Of Safety And Health › Subchapter A - Public Employees' Safety And Health › Part 805 - Petition For Employee Contest Of Abatement Period › Section 805.5 - Review of employee contest

Current through Register Vol. 46, No. 28, July 10, 2024
The determination of the commissioner under this Part shall
					 be deemed a final order under section 27-a  of the Labor Law.
(a) If the commissioner denies the employee
				  contest petition, in whole or in part, such petition, employer response and
				  determination will be forwarded by the commissioner to the Industrial Board of
				  Appeals within 10 working days.
(b)
				  The Industrial Board of Appeals shall docket and process such petitions as
				  expedited proceedings.
(c) Within
				  10 working days after the receipt of notice of the docketing by the Industrial
				  Board of Appeals, a party shall file a response setting forth whether it is
				  aggrieved by such determination and the reasons therefor. If no party is
				  aggrieved, the board shall on its own motion dismiss the proceeding.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter XI - Division Of Safety And Health › Subchapter A - Public Employees' Safety And Health › Part 805 - Petition For Employee Contest Of Abatement Period › Section 805.6 - Review by employer

Current through Register Vol. 46, No. 28, July 10, 2024
If the commissioner's determination modifies the abatement
					 period set forth in the notice of violation and order to comply, such
					 determination shall be deemed a final order under section 27-a  of the Labor Law and such employer may
					 petition for review by the Industrial Board of Appeals pursuant to the
					 provisions of section 101  of the Labor Law.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter XI - Division Of Safety And Health › Subchapter A - Public Employees' Safety And Health › Part 810 - Training And Education Program In Occupational Safety And Health-awarding Of Grants › Section 810.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
This Part implements Labor Law, section
					 27-a, subdivision 14 which provides, in
					 part, for the promulgation of rules and regulations setting forth procedures
					 and criteria necessary and appropriate to carry out the provisions of article
					 29 of the Labor Law, establishing a training and education program on
					 occupational safety and health.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter XI - Division Of Safety And Health › Subchapter A - Public Employees' Safety And Health › Part 810 - Training And Education Program In Occupational Safety And Health-awarding Of Grants › Section 810.2 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
The regulations of this Part apply to grants under section 886  of the Labor Law to provide occupational
					 safety and health education and training services.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter XI - Division Of Safety And Health › Subchapter A - Public Employees' Safety And Health › Part 810 - Training And Education Program In Occupational Safety And Health-awarding Of Grants › Section 810.3 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part:
(a) Application means written application for
				  a grant submitted in a format prescribed by the department.
(b) Board means the New York State
				  Occupational Safety and Health Hazard Abatement Board.
(c) Department means the New York State
				  Department of Labor.
(d)
				  Educational institution means any university, college, academy, or other
				  institution chartered by the Board of Regents under section 216  of the
				  Education Law, an education corporation formed under the Business Corporation
				  Law or the Not-for-Profit Corporation Law with the consent of the Commissioner
				  of Education or a private school licensed pursuant to section 5003  of the Education Law.
(e) Employer means any public or private
				  individual, partnership, corporation, association or political subdivision who
				  employs two or more persons.
(f)
				  Grants means an award of funds to an eligible entity for a project authorized
				  under section
				  810.5  of this
				  Part.
(g) Labor organization means
				  any entity which exists for the purpose, in whole or in part, of representing
				  employees employed within the State of New York in dealing with public or
				  private employers or employer organizations concerning terms and conditions of
				  employment or other matters incidental to the employment relationship, and
				  shall include the statewide organization of a local labor organization,
				  regional, statewide or national organizations and associations, federations or
				  councils of labor organizations.
(h) Nonprofit organization means an agency,
				  association, corporation, institution or other entity which may not lawfully
				  hold or use any part of its net earnings to the benefit of any private
				  shareholder or individual and which does not hold or use its net earnings for
				  that purpose.
(i) Program means the
				  training and education program on occupational safety and health.
(j) Trade association means any group which
				  exists for the purpose, in whole or in part, of representing employers engaged
				  in a particular trade, business or industry, or different trades, businesses or
				  industries.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter XI - Division Of Safety And Health › Subchapter A - Public Employees' Safety And Health › Part 810 - Training And Education Program In Occupational Safety And Health-awarding Of Grants › Section 810.4 - Eligible applicants

Current through Register Vol. 46, No. 28, July 10, 2024
Any employer, labor organization, trade association,
					 nonprofit organization or educational institution as defined in section
					 810.3  of
					 this Part, shall be eligible to apply for grants under this
					 program.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter XI - Division Of Safety And Health › Subchapter A - Public Employees' Safety And Health › Part 810 - Training And Education Program In Occupational Safety And Health-awarding Of Grants › Section 810.5 - Eligible projects

Current through Register Vol. 46, No. 28, July 10, 2024
Any project which is conducted by an eligible applicant and
					 which provides occupational safety and health education and/or training
					 services to employees and/or employers, or educational services as required
					 under article 28 of the Labor Law, or training and education for employees
					 concerning the prevention of occupational disease and injuries, and any other
					 services deemed effective to promote the prevention of occupational accidents
					 and illness, shall be eligible for funding under this
					 program.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter XI - Division Of Safety And Health › Subchapter A - Public Employees' Safety And Health › Part 810 - Training And Education Program In Occupational Safety And Health-awarding Of Grants › Section 810.6 - Application procedure

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Submission of applications. Applications must be submitted in a format and in
				  accordance with instructions prescribed by the department.
(b) Information required. The information
				  provided by the applicant shall include the following:
(1) The nature, duration and purpose of the
				  project for which the application is filed.
(2) The names and qualifications of the
				  personnel, including the project director, if any, responsible for the proposed
				  project.
(3) A description of the
				  facilities, staff, support services and other organizational resources
				  available to carry out the project.
(4) The intended number of participants in
				  the project, and the process by which they were identified and
				  selected.
(5) A description of the
				  plan for evaluating the proposed project.
(6) A budget for the proposed project and a
				  justification of the amount of grant funds requested.
(7) Analysis of the impact of the project,
				  including its significance and/or importance from an occupational safety and
				  health point of view.
(8) Any other
				  pertinent information the Hazard Abatement Board and the department may require
				  to evaluate the proposed project.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter XI - Division Of Safety And Health › Subchapter A - Public Employees' Safety And Health › Part 810 - Training And Education Program In Occupational Safety And Health-awarding Of Grants › Section 810.7 - Award criteria

Current through Register Vol. 46, No. 28, July 10, 2024
Pursuant to the memorandum of agreement between the
					 department and the board, all applications shall be reviewed and evaluated by
					 the department and recommendations forwarded to the board. The evaluation of
					 the applications shall take into account, among other pertinent factors, the
					 following:
(a) The program impact,
				  including the seriousness of the safety and health hazards to which the project
				  will be directed and the number of persons who will benefit from the
				  project.
(b) The program design,
				  including the proven effectiveness of the methods to be utilized, the extent to
				  which the technical and scientific approaches to be utilized are accepted in
				  the health and safety professions, the qualifications and competency of the
				  project director and proposed staff, and the past experience of the training
				  group and/or the project sponsor in offering programs related to occupational
				  safety and health.
(c) The lack of
				  duplication and the uniqueness of the project.
(d) The administrative capability of the
				  grant recipient.
(e) The extent to
				  which the grant applicant is currently receiving funds from grant programs and
				  other sources for safety and health programs.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter XI - Division Of Safety And Health › Subchapter A - Public Employees' Safety And Health › Part 810 - Training And Education Program In Occupational Safety And Health-awarding Of Grants › Section 810.8 - Conditions of award

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Grants
				  awarded under this Part are subject to the following conditions:
(1) The grantee may not materially change the
				  quality, nature or duration of the project unless the written approval of the
				  board is obtained prior to the change.
(2) The grantee shall submit project progress
				  reports to the department in the form prescribed and at such times as
				  requested.
(3) The grantee must
				  submit proof in the form requested by the department for a group of
				  expenditures made under a grant funded pursuant to this Part. A grantee shall
				  expend funds it receives under this Part solely in accordance with the approved
				  application and budget, the regulations of this Part and the terms and
				  conditions of the grant award.
(4)
				  The board may impose additional conditions prior to the award of any grant
				  under this Part if it is determined by the board that the conditions are
				  necessary to carry out the purpose of the grant.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter XI - Division Of Safety And Health › Subchapter A - Public Employees' Safety And Health › Part 810 - Training And Education Program In Occupational Safety And Health-awarding Of Grants › Section 810.9 - Project evaluation

Current through Register Vol. 46, No. 28, July 10, 2024
The department shall conduct audits of training and
					 education projects funded under this Part. These audits may include site visits
					 as well as monitoring of programmatic and fiscal responsibility, and review of
					 periodic progress reports, vouchers and other financial statements. Within 90
					 days of the conclusion of each project funded under this Part, the grantee
					 shall submit a written summary and evaluation of the project to the board, in a
					 format prescribed by the department, and shall include any information deemed
					 by the department and the board to be relevant to measuring the success of the
					 project. The criteria to be applied in evaluating projects funded under this
					 Part may include:
(a) The number of
				  persons reached through the program.
(b) The extent to which the project carried
				  out its stated objectives.
(c) The
				  impact of the project.
(d) The
				  extent to which the program was completed within its projected
				  budget.
(e) The grantee's
				  compliance with reporting and other requirements of the programs.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter XI - Division Of Safety And Health › Subchapter A - Public Employees' Safety And Health › Part 820 - Toxic Substances-information, Training And Education › Section 820.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
This Part implements Labor Law, section
					 881 which provides for promulgation of
					 regulations to effectuate the purposes and provisions of Labor Law, article 28,
					 which guarantees employee' rights to information, training and education
					 regarding toxic substances in the workplace.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter XI - Division Of Safety And Health › Subchapter A - Public Employees' Safety And Health › Part 820 - Toxic Substances-information, Training And Education › Section 820.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in Labor Law, article 28, and these
					 regulations:
(a) Chemical name means
				  the scientific designation of a substance in accordance with the nomenclature
				  developed by the International Union of Pure and Applied Chemistry or by the
				  Chemical Abstracts Service.
(b)
				  Employee includes all regular and temporary, full-time and part-time employees,
				  former employees employed after the effective date of Labor Law, article 28,
				  and employees on lay-off and leaves of absence for any reason, but does not
				  include domestic workers or casual laborers employed at their employers' place
				  of residence.
(c) Exposure or
				  exposed means being subjected to a toxic substance through any actual or
				  potential route of entry, including inhalation, ingestion, injection, skin
				  contact or absorption, for any period of time, even if such exposure is
				  accidental or if actual exposure is being prevented in whole or in part by the
				  use of protective devices.
(d)
				  Hazardous means causing, potentially causing, or contributing to an acute or
				  chronic illness or any other risk to health or life.
(e) Routine exposure means exposure (as
				  defined in subdivision [c] of this section) which can be expected to occur in
				  the course of employment as part of an employee's job duties or incidental
				  thereto.
(f) Trade name means any
				  designation or identification of a chemical or combination of chemicals, such
				  as a common name, code name, code number or brand name, used to identify a
				  chemical or combination of chemicals other than by their chemical
				  names.
(g) Substantial number means
				  10 employees or 20 percent of the total number of employees, whichever number
				  is lower.
(h) As used in these
				  regulations, the terms employer, toxic substance and workplace have the same
				  meaning as provided in Labor Law, section
				  875.