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 830 - Penalties › Section 830.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in Labor Law, section
					 27-a, and in this Part:
(a) Abatement date means the date listed on
				  the notice of violation and order to comply by which an employer is required to
				  correct a cited violation, or such later date approved by the commissioner
				  pursuant to an employer's petition to modify the abatement date or agreed upon
				  at an informal conference.
(b)
				  Commissioner means the Commissioner of Labor of the State of New
				  York.
(c) Compliance date means the
				  date upon which an employer has corrected a cited violation, as verified by the
				  commissioner or to the satisfaction of the commissioner by the
				  employer.
(d) Department means the
				  Department of Labor of the State of New York.
(e) Employer means the State, any political
				  subdivision of the State, a public authority or any governmental agency or
				  instrumentality thereof.
(f) Health
				  violation means a violation which could result in an abnormal condition,
				  disorder or death caused by exposure to environmental factors associated with
				  employment. Such conditions include acute and chronic illnesses which may be
				  caused by the inhalation of, absorption of, ingestion of, or direct contact
				  with environmental factors. Some of these conditions may be, but are not
				  limited to, skin diseases, dust diseases of the lungs, respiratory conditions
				  of the lungs due to toxic agents, poisoning (systemic effect of toxic
				  materials), disorders due to physical agents, disorders associated with
				  repeated trauma. Conditions from which health violations could result include
				  all occupational illnesses.
(g)
				  Safety violation means a violation which could result in an occupational injury
				  such as, but not limited to, a cut, fracture, sprain, amputation, burn,
				  electrocution or death, which results from an exposure involving a single
				  incident in the work environment. All violations not classified as a health
				  violation are included in this category.
(h) Serious violation means a violation for a
				  condition in a place of employment if there is a substantial probability that
				  death or serious physical harm could result from the condition, or from one or
				  more practices, means, methods, operations, or processes which have been
				  adopted or are in use in the place of employment, unless the employer did not
				  know, and could not, with the exercise of reasonable diligence, have known of
				  the presence of the violation.
(i)
				  Non-serious violation means a violation which does not fall under the
				  definition of a serious violation. (Also referred to as other violation or
				  other-than-serious violation.)
(j)
				  Repeat violation means a violation by an employer, where the employer had
				  previously been issued a notice of violation and order to comply for a
				  substantially similar condition at the same site or sites under the same
				  supervision, had previously removed the violation and had allowed the violation
				  to reoccur.
(k) Willful violation
				  means a violation of a safety and health standard, provision, or regulation,
				  where evidence shows either an intentional and knowing violation of the
				  standard, provision, or regulation or plain indifference to the requirements of
				  such standard, provision, or regulation, as further defined below.
(1) An intentional and knowing violation
				  occurs when:
(i) the employer was aware of
				  the requirements of the standard, provision, or regulation and was also aware
				  of the existence of a condition or practice in violation of such requirement,
				  and made little or no effort to correct the violation; or
(ii) the employer was not aware of the
				  requirements of Labor Law, section
				  27-a or of the regulations promulgated
				  under Labor Law, section
				  27-a, but was aware of a comparable legal
				  requirement (e.g., other state law or local law) and was also aware of a
				  condition or practice in violation of that requirement.