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 800 - Public Employees' Occupational Safety And Health Standards › Section 800.7 - Emergency escape and self rescue ropes and system components for firefighters

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Title and
				  citation. Within and for the purposes of the Department of Labor, this section
				  may be known as Code Rule 800.7, Emergency Escape and Self Rescue Ropes and
				  System Components for Firefighters, specifying the requirements for safety
				  ropes and associated system components.
(b) Purpose and intent. This rule is intended
				  to ensure that firefighters are provided with necessary escape rope and system
				  components for self rescue and emergency escape and to establish specifications
				  for such ropes and system components.
(c) Application. This section shall apply
				  throughout the State of New York to the State, any political subdivision of the
				  State, Public Authorities, Public Benefit Corporations or any other
				  governmental agency or instrumentality thereof employing firefighters within
				  the meaning of section 27-a  of the Labor Law.
This section shall not apply to such employers located in a
					 city with a population of over one million.
(d) Definitions. Within this section, the
				  following terms shall have the meanings indicated:
(1) System components means safety harnesses,
				  belts, ascending devices, carabiners, descent control devices, rope grab
				  devices, and snap links.
(2) Escape
				  rope means a single purpose, single use, emergency escape (self-rescue)
				  rope.
(3) Interior structural fire
				  fighting means the physical activity of fire suppression, rescue or both,
				  inside of buildings or enclosed structures which are involved in a fire
				  situation beyond the incipient stage.
(4) Interior structural fire fighter means a
				  firefighter who is designated by their employer to perform interior structural
				  firefighting duties in an immediately dangerous to life and health (IDLH)
				  atmosphere and is medically qualified to use self-contained breathing apparatus
				  (SCBA) as defined in
				  29 CFR
				  1910.134.
(5) Entrapment at elevations means a
				  situation where a firefighter finds the normal route of exit is made unusable
				  by fire, or other emergency situation, that requires the firefighter to
				  immediately exit the structure from an opening not designed as an exit, that is
				  above the ground floor and at an elevation above the surrounding terrain which
				  would reasonably be expected to cause injury should the firefighter be required
				  to exit.
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 801 - Recording And Reporting Public Employees' Occupational Injuries And Illnesses › Section 801.0 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
This Part implements Labor Law, section
					 27-a, subdivision 9, which provides for
					 recordkeeping and reporting by public employers as necessary or appropriate for
					 enforcement of Labor Law, section
					 27-a, for developing information regarding
					 the causes and prevention of occupational injuries and illnesses, and for
					 making public periodic reports of work-related deaths, injuries and
					 illnesses.
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 801 - Recording And Reporting Public Employees' Occupational Injuries And Illnesses › Section 801.1 to 801.3 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
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 801 - Recording And Reporting Public Employees' Occupational Injuries And Illnesses › Section 801.4 - Recording criteria

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each
				  employer required by this Part to keep records of fatalities, injuries, and
				  illnesses must record each fatality, injury and illness that:
(1) is work-related;
(2) is a new case; and
(3) meets one or more of the general
				  recording criteria of section
				  801.7 
				  of this Part or the application to specific cases of sections
				  801.8
				  through 801.12  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 801 - Recording And Reporting Public Employees' Occupational Injuries And Illnesses › Section 801.5 - Determination of work-relatedness

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  The employer must consider an injury or illness to be work-related if an event
				  or exposure in the work environment either caused or contributed to the
				  resulting condition or significantly aggravated a pre-existing injury or
				  illness. Work-relatedness is presumed for injuries and illnesses resulting from
				  events or exposures occurring in the work environment, subject to certain
				  restrictions set forth in section 901.5 of SH 901 Instructions for Recording
				  and Reporting Public Employees' Occupational Injuries and Illnesses and
				  accompanying forms SH 900, SH 900.1 and SH 900.2.
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 801 - Recording And Reporting Public Employees' Occupational Injuries And Illnesses › Section 801.6 - Determination of new cases

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  employer must consider an injury or illness to be a new case if:
(1) the employee has not previously
				  experienced a recorded injury or illness of the same type that affects the same
				  part of the body; or
(2) the
				  employee previously experienced a recorded injury or illness of the same type
				  that affected the same part of the body but had recovered completely (all signs
				  and symptoms had disappeared) from the previous injury or illness and an event
				  or exposure in the work environment caused the sips or symptoms to
				  reappear.
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 801 - Recording And Reporting Public Employees' Occupational Injuries And Illnesses › Section 801.7 - General recording criteria

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The employer must consider an injury or
				  illness to meet the general recording criteria, and therefore to be recordable,
				  if it results in any of the following: death, days away from work, restricted
				  work or transfer to another job, medical treatment beyond first aid, or loss of
				  consciousness. The employer must also consider a case to meet the general
				  recording criteria if it involves a significant injury or illness diagnosed by
				  a physician or other licensed health care professional, even if it does not
				  result in death, days away from work, restricted work or job transfer, medical
				  treatment beyond first aid, or loss of consciousness.
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 801 - Recording And Reporting Public Employees' Occupational Injuries And Illnesses › Section 801.8 - Recording criteria for needlesticks and sharps injuries

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The employer must record all work-related
				  needlestick injuries and cuts from sharp objects that are contaminated with
				  another person's blood or other potentially infectious material (as defined by
				  29 CFR
				  1910.1030). The employer must enter the case
				  on the SH 900 log as an injury. To protect the employee's privacy, the employer
				  must treat needlestick injuries and cuts from sharp objects that are
				  contaminated with another person's blood, or other potentially infectious
				  material, as a privacy concern case as defined in section
				  801.29(b) and
				  (c)  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 801 - Recording And Reporting Public Employees' Occupational Injuries And Illnesses › Section 801.9 - Recording criteria for cases involving medical removal under pesh standards

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If an
				  employee is medically removed under the medical surveillance requirements of a
				  PESH standard, the employer must record the case on the SH 900 log.
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 801 - Recording And Reporting Public Employees' Occupational Injuries And Illnesses › Section 801.10 - Recording criteria for cases involving occupational hearing loss

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If an
				  employee's hearing test (audiogram) reveals that the employee has experienced a
				  work related standard threshold shift (STS), as defined in the instructions,
				  and the employee's total hearing level is 25 decibels (dB) or more above the
				  audiometric zero (averaged at 2000, 3000, and 4000 Hz) in the same ear(s) as
				  the STS, the employer must record the case on the SH 900 log.
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 801 - Recording And Reporting Public Employees' Occupational Injuries And Illnesses › Section 801.11 - Recording criteria for work-related tuberculosis cases

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If any of the employer's employees has
				  been occupationally exposed to anyone with a known case of active tuberculosis
				  (TB), and that employee subsequently develops a tuberculosis infection, as
				  evidenced by a positive skin test or diagnosis by a physician or other licensed
				  health care professional, the employer must record the case on the SH 900 log
				  by checking the respiratory condition column.
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 801 - Recording And Reporting Public Employees' Occupational Injuries And Illnesses › Section 801.29 - Forms

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The employer
				  must use SH 900, SH 900.1, and SH 900.2 forms, or equivalent forms, and
				  associated instructions, for recordable injuries and illnesses. The SH 900 form
				  is called the log of work-related injuries and illnesses, the SH 900.1 is the
				  annual summary of work-related injuries and illnesses, and the SH 900.2 form is
				  called the injury and illness incident report.
(b) If the case is to be considered a privacy
				  concern case, the employer may not enter the employee's name on the SH 900 log.
				  Instead, the employer must enter " privacy case" in the space normally used for
				  the employee's name. This will protect the privacy of the injured or ill
				  employee when another employee, a former employee, or an authorized employee
				  representative is provided access to the SH 900 log under section
				  801.35  of
				  this Part. The employer must keep a separate, confidential list (the privacy
				  case list) of the case numbers and employee names for the employer's privacy
				  concern cases so the employer can update the cases and provide the information
				  to the government if asked to do so.
(c) The employer must consider the following
				  injuries or illnesses to be privacy concern cases:
(1) an injury or illness to an intimate body
				  part or the reproductive system;
(2) an injury or illness resulting from a
				  sexual assault;
(3) mental
				  illnesses;
(4) HIV infection,
				  hepatitis, or tuberculosis;
(5)
				  needlestick injuries and cuts from sharp objects that are contaminated with
				  another person's blood or other potentially infectious material (see section
				  801.7 
				  of this Part for definitions); and
(6) other illnesses, if the employee
				  independently and voluntarily requests that his or her name not be entered on
				  the log. Effective January 1, 2004, musculoskeletal disorders (MSDs) are not
				  considered privacy concern cases.
This is a complete list of all injuries and illnesses
					 considered privacy concern cases. No other types of injuries or illnesses may
					 be classified as privacy concern cases.
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 801 - Recording And Reporting Public Employees' Occupational Injuries And Illnesses › Section 801.30 - Multiple establishments

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  The employer must keep a separate SH 900 log for each establishment that is
				  expected to be in operation for one year or longer.
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 801 - Recording And Reporting Public Employees' Occupational Injuries And Illnesses › Section 801.31 - Covered employees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  employer must record on the SH 900 log the recordable injuries and illnesses of
				  all employees on the employer's payroll, whether they are labor, executive,
				  hourly, salary, part-time, seasonal, or other workers. The employer also must
				  record the recordable injuries and illnesses that occur to employees who are
				  not on the employer's payroll if the employer supervises these employees on a
				  day-to-day basis.
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 801 - Recording And Reporting Public Employees' Occupational Injuries And Illnesses › Section 801.32 - Annual summary

Current through Register Vol. 46, No. 28, July 10, 2024
(a) At the end
				  of each calendar year, the employer must:
(1)
				  review the SH 900 log to verify that the entries are complete and accurate, and
				  correct any deficiencies identified;
(2) create an annual summary of injuries and
				  illnesses recorded on the SH 900 log;
(3) certify the summary; and
(4) post the annual summary, for the previous
				  calendar year, from February 1st through April 30th each year.
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 801 - Recording And Reporting Public Employees' Occupational Injuries And Illnesses › Section 801.33 - Retention and updating

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  employer must save the SH 900 log, the privacy case list (if one exists), the
				  annual summary, and the SH 900.2 incident report forms for five years following
				  the end of the calendar year that these records cover.
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 801 - Recording And Reporting Public Employees' Occupational Injuries And Illnesses › Section 801.35 - Employee involvement

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  employer's employees and their representatives must be involved in the
				  recordkeeping system in the following ways:
(1) the employer must inform each employee of
				  how he or she is to report an injury or illness to the employer;
(2) the employer must provide limited access
				  to its injury and illness records for its employees and their representatives
				  by:
(i) When an employee, former employee,
				  personal representative, or authorized employee representative asks for copies
				  of the employer's current or stored SH 900 log(s) for an establishment the
				  employee or former employee has worked in, the employer must give the requester
				  a copy of the relevant SH 900 log(s) by the end of the next business
				  day.
(ii) The employer must leave
				  the names on the SH 900 log. However, to protect the privacy of injured and ill
				  employees, the employer may not record the employee's name on the SH 900 log
				  for certain privacy concern cases, as specified in section
				  801.29(b) and
				  (c)  of this Part.
(iii) When an employee, former employee, or
				  personal representative asks for a copy of the SH 900.2 incident report
				  describing an injury or illness to that employee or former employee, the
				  employer must give the requester a copy of the SH 900.2 incident report
				  containing that information by the end of the next business day.
(iv) When an authorized employee
				  representative asks for copies of the SH 900.2 incident reports for an
				  establishment where the agent represents employees under a collective
				  bargaining agreement, the employer must give copies of those forms to the
				  authorized employee representative within seven calendar days. The employer is
				  only required to give the authorized employee representative information from
				  the SH 900.2 incident report section titled information about the case. The
				  employer must remove all other information from the copy of the SH 900.2
				  incident report or the equivalent substitute form that the employer gives to
				  the authorized employee representative.
(v) The employer may not charge for these
				  copies the first time they are provided. However, if one of the designated
				  persons asks for additional copies, the employer may assess a reasonable charge
				  for retrieving and copying the records.
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 801 - Recording And Reporting Public Employees' Occupational Injuries And Illnesses › Section 801.39 - Reporting fatalities and multiple hospitalization incidents to pesh

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Within eight
				  hours after the death of any employee in the work environment, regardless of
				  the cause, or the in-patient hospitalization of two or more employees as a
				  result of a work-related incident, the employer must orally report the
				  fatality/multiple hospitalization by telephone or in person to the nearest
				  office of the New York State Department of Labor, Division of Safety and Health
				  (DOSH).
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 801 - Recording And Reporting Public Employees' Occupational Injuries And Illnesses › Section 801.40 - Providing records to government representatives

Current through Register Vol. 46, No. 28, July 10, 2024
(a) When an authorized government
				  representative asks for the records the employer keeps under Part 801 of this
				  Title, the employer must provide copies of the records within four business
				  hours, regardless of where the records are maintained. The government
				  representative authorized to receive the records is a representative of the
				  Commissioner of Labor of the State of New York, conducting an inspection or
				  investigation under State 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 801 - Recording And Reporting Public Employees' Occupational Injuries And Illnesses › Section 801.41 - Annual dosh injury and illness survey

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If the employer receives the DOSH annual
				  survey form, the employer must fill it out and send it to DOSH or the DOSH
				  designee, as stated on the survey form. The employer must report the following
				  information for the year described on the form:
(1) the number of workers employed;
(2) the number of hours worked by employees;
				  and
(3) the requested information
				  from the records that the employer keeps under Part 801 of this
				  Title.
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 801 - Recording And Reporting Public Employees' Occupational Injuries And Illnesses › Section 801.42 - Requests from the bureau of labor statistics for data

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If the employer receives a survey of
				  occupational injuries and illnesses form from the Bureau of Labor Statistics
				  (BLS), or a BLS designee, the employer must promptly complete the form and
				  return it following the instructions contained on the survey form.
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 801 - Recording And Reporting Public Employees' Occupational Injuries And Illnesses › Section 801.44 - Retention and updating of old forms

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The employer must save his or her copies
				  of the SH 900 and, to the extent used as an illness and injury report, C2,
				  forms for five years following the year to which they relate and continue to
				  provide access to the data as required in the Part. The employer is not
				  required to update old DOSH 900 and C2 forms.
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 801 - Recording And Reporting Public Employees' Occupational Injuries And Illnesses › Section 801.46 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part:
(a) Establishment. An establishment is a
				  single physical location where services, operations or other activities are
				  performed. For activities where employees do not work at a single physical
				  location, such as construction; transportation; electric, and sanitary
				  services; and similar operations, the establishment is represented by main or
				  branch offices, terminals, stations, etc. that either supervise such activities
				  or are the base from which personnel carry out these activities. An
				  establishment may include more than one physical location provided:
(1) the employer operates the locations as a
				  single operation under common management;
(2) the locations are all located in close
				  proximity to each other;
(3) the
				  employer keeps one set of records for the locations, such as records on the
				  number of employees, their wages and salaries, sales or receipts, and other
				  kinds of business information. For example, one establishment might include the
				  main plant, a warehouse a few blocks away, and an administrative services
				  building across the street.
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 801 - Recording And Reporting Public Employees' Occupational Injuries And Illnesses › Section 801.47 - Posters for public employees

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Each employer shall post and keep posted in each establishment a poster
				  providing information relating to the job safety and health protection afforded
				  to public employees by the provisions of Labor Law, section 27-a. T hese
				  posters may be obtained from the New York State Department of Labor, Division
				  of Safety and Health. A poster for each establishment shall be posted in a
				  conspicuous place or places where notices to employees of that establishment
				  are customarily posted, and the employer shall take steps to insure that the
				  posters are not altered, defaced, or covered by other material.
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 802 - Inspection Of Places Of Public Employment › Section 802.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
This Part implements Labor Law, section
					 27-a, subdivision 5, which authorizes the
					 Department of Labor to conduct inspections of premises occupied by a public
					 employer. The purpose of this Part is to prescribe rules and to set forth
					 general policies governing the right of entry for, advance notice of, and
					 walkaround rights on, such inspections.
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 802 - Inspection Of Places Of Public Employment › Section 802.2 - Authority for inspections

Current through Register Vol. 46, No. 28, July 10, 2024
Safety and health inspectors and hygienists of the
					 Department of Labor (hereinafter referred to as "D.O.L. inspector") are
					 authorized, for the following purposes, to enter without delay and at
					 reasonable times any building, institution, facility, construction site,
					 establishment or other area, workplace or environment where work is performed
					 by a public employee:
(a) to inspect
				  and investigate during regular working hours, and at other reasonable times and
				  within reasonable limits and in a reasonable manner, any such place of public
				  employment, and all pertinent conditions, structures, machines, apparatus,
				  devices, equipment and materials therein;
(b) to question privately any employer or
				  employee; and
(c) to review records
				  required by Labor Law, section
				  27-a, and the regulations promulgated
				  thereunder, and other records which are directly related to the purpose of the
				  inspection.
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 802 - Inspection Of Places Of Public Employment › Section 802.3 - Objection to inspection

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Upon a
				  refusal to permit the D.O.L. inspector, in exercise of his official duties, to
				  enter without delay and at reasonable times any place of public employment or
				  any place therein, to inspect, to review records, or to question any employee
				  or any person in charge of or responsible for the care and maintenance of the
				  workplace, in accordance with section
				  802.2 
				  of this Part, or to permit an authorized employee representative to accompany
				  the D.O.L. inspector during the physical inspection of any workplace in
				  accordance with section
				  802.5 
				  of this Part, the D.O.L. inspector shall terminate the inspection or confine
				  the inspection to other areas, conditions, structures, machines, apparatus,
				  devices, equipment, materials, records or interviews concerning which no
				  objection is raised. The D.O.L. inspector shall endeavor to ascertain the
				  reason for such refusal, and shall immediately report the refusal and the
				  reason therefor to his supervisor. If the public employer does not countermand
				  such refusal, the Commissioner of Labor shall take appropriate action,
				  including obtaining compulsory legal process, if necessary. For purposes of
				  this section, the term compulsory legal process shall mean the institution of
				  any appropriate legal action, including ex parte application for an inspection
				  warrant or its equivalent.
(b)
				  Compulsory legal process shall be sought in advance of an attempted inspection
				  or investigation if, in the judgment of the Commissioner of Labor,
				  circumstances exist which make such compulsory process desirable or
				  necessary.
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 802 - Inspection Of Places Of Public Employment › Section 802.4 - Advance notice of inspections

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Advance notice of inspections shall not be given, except in the following
				  situations:
(1) in cases of apparent imminent
				  danger to enable the employer to abate the danger as quickly as
				  possible;
(2) in circumstances
				  where the inspection can most effectively be conducted after regular business
				  hours or where special preparations are necessary for inspection;
(3) where necessary, to assure the presence
				  of a representative of the employer and an authorized employee representative
				  needed to aid in the inspection; or
(4) in other cirucmstances where the Director
				  of the Division of Safety and Health determines that the giving of advance
				  notice would enhance the probability of an effective and thorough
				  inspection.
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 802 - Inspection Of Places Of Public Employment › Section 802.5 - Inspection walkaround rights

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Section 27-a, subdivision 5(b) of the
				  Labor Law requires that, "A representative of the employer and an authorized
				  employee representative shall be given the opportunity to accompany the
				  commissioner during an inspection for the purpose of aiding such
				  inspection."
(b) Authorized
				  employee representative as defined by section 27-a, subdivision 1 (c)  of the
				  Labor Law means an employee authorized by the employees or the designated
				  representative of an employee organization recognized or certified to represent
				  the employees pursuant to article 14 of the Civil Service Law. If there is no
				  authorized employee representative, or if the D.O.L. inspector is unable to
				  determine with reasonable certainty who is such representative, he shall
				  consult with a reasonable number of employees concerning matters of safety and
				  health in the workplace.
(c) The
				  D.O.L. inspector shall be in charge of the inspection and questioning of
				  persons, and may permit additional employer representatives and additional
				  authorized employee representatives to accompany him during the inspection
				  where he determines that such additional representatives will further aid an
				  inspection. However, for purposes of this section, where there is more than one
				  recognized or certified employee organization representing the employees, the
				  designated representative of each such employee organization shall be given the
				  opportunity to accompany the D.O.L. inspector during an inspection.
(d) Where there is no recognized or certified
				  employee organization, an employee representative who is authorized by the
				  employees to accompany the D.O.L. inspector during an inspection shall be an
				  employee who is employed in the workplace to be inspected. An employee
				  representative who is the designated representative of an employee organization
				  to accompany the D.O.L. inspector during an inspection may be such an employee
				  or a third party who is not an employee employed in the workplace to be
				  inspected. The D.O.L. inspector shall have authority to resolve all disputes as
				  to who are the representative(s) of the employer and the authorized employee
				  representative(s) for the purpose of this section.
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 802 - Inspection Of Places Of Public Employment › Section 802.6 - Opening and closing conference

Current through Register Vol. 46, No. 28, July 10, 2024
(a) At the beginning of an inspection, the
				  D.O.L. inspector shall explain to the persons who are to accompany him during
				  the inspection the nature, purpose and scope of the inspection.
(b) At the conclusion of an inspection, the
				  D.O.L. inspector shall confer with the representative(s) of the employer and
				  the authorized employee representative(s) and informally advise them of any
				  apparent safety and health violations disclosed by the inspection.
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 802 - Inspection Of Places Of Public Employment › Section 802.7 - Inspections involving personal property and privacy

Current through Register Vol. 46, No. 28, July 10, 2024
(a) When conducting an inspection, the D.O.L.
				  inspector shall not examine the personal property of employees without their
				  permission.
(b) When the D.O.L.
				  inspector conducts an inspection in a locker room, restroom, washroom or other
				  area involving employees' personal property or privacy rights, employees
				  present must be permitted to remove their personal property and leave the area
				  prior to the inspection. Employees shall be informed of their right to do so
				  immediately before the inspection of such area is conducted.
(c) The rights granted under this section
				  shall accrue only to employees and shall not be exercisable by an
				  employer.
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 803.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
This Part contains rules of practice for administrative
					 proceedings to grant variances and other relief under section 27-a (8)(a)-(c)  of the
					 Labor Law, the Public Employee Safety and Health Act, effective December 29,
					 1980. It does not apply to the granting of variances under section 27-a(8)(b)
					 when the commissioner determines that such variance is necessary to permit an
					 employer to participate in an experiment approved by him designed to
					 demonstrate or validate new and improved techniques to safeguard the health or
					 safety of workers. Whenever appropriate, the procedure for granting such a
					 variance shall be published in the State Register.
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 803.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Law means
				  section 27-a of the New York State Labor Law.
(b) Commissioner means the Commissioner of
				  Labor.
(c) Employer means the
				  State, any political subdivision of the State; a public authority or any other
				  governmental agency or instrumentality thereof.
(d) Employee means a person permitted to work
				  by an employer.
(e) Authorized
				  employee representative means an employee authorized by the employees or the
				  designated representative of an employee organization recognized or certified
				  to represent the employees pursuant to article 14 of the Civil Service
				  Law.
(f) Variance means any relief
				  under section 27-a (8)(a) and (c)  of the
				  Labor Law wherein conditions, practices, means, methods, operations or
				  processes used or proposed to be used by an employer must provide employment
				  and places of employment to employees which are as safe and healthful as those
				  which would prevail if the employer complied with the standard.
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 803.3 - Petitions for amendments to this part

Current through Register Vol. 46, No. 28, July 10, 2024
Any person or entity may at any time petition the
					 commissioner in writing to revise, amend or revoke any provision of this
					 section. The petition should set forth the terms or the substance of the rule
					 desired, with a statement of the reasons therefor and the effects
					 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 803.4 - Amendments to this part

Current through Register Vol. 46, No. 28, July 10, 2024
The commissioner may at any time revise, amend or revoke
					 any provision of this section, on his own motion or upon the written petition
					 of any person in accordance with 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 803.5 - Effect of variances

Current through Register Vol. 46, No. 28, July 10, 2024
All variances granted pursuant to this section shall have
					 only future effect. The commissioner may decline to entertain an application
					 for a variance on a subject or issue concerning which a citation has been
					 issued and a proceeding on the citation or a related issue concerning the
					 period of abatement is pending before the Industrial Board of Appeals or State
					 courts pursuant to article 78 of the Civil Practice Law and Rules until the
					 completion of such proceeding or the abatement date has
					 passed.
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 803.6 - Public notice of a granted variance

Current through Register Vol. 46, No. 28, July 10, 2024
Every order granting a variance shall be published in the
					 State Register and shall specify the alternative to the standard involved which
					 the variance permits.
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 803.7 - Form of documents; subscription; copies

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Applications for temporary or permanent
				  variances shall be submitted in triplicate carbons on forms furnished by the
				  commissioner or processed copies of sheets other than the original are
				  permitted. Additional 81/2 x 11 typed narrative sheets may be attached. Any
				  clear submission of proposed hazard abating plans, constructions,
				  installations, processes, equipment or catalog information is
				  permissible.
(b) Each application
				  shall bear the signature, typed name, title and date of filing of the applicant
				  or the attorney or authorized representative. Attached sheets shall bear
				  sufficient information to clearly relate to the application.
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 803.8 - Temporary variances

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Application for variance. Any employer or group of employers may apply to the
				  commissioner for an order for a temporary variance from a newly adopted
				  standard or any provision thereof when such employer or group of employers is
				  unable to comply with a newly adopted standard by its effective date.
(b) Contents. The application for a temporary
				  variance shall include:
(1) the name and
				  address of the applicant;
(2) the
				  address of the place or places of employment involved;
(3) a specification of the standard or
				  portion thereof from which the applicant seeks a variance;
(4) a representation by the employer,
				  supported by representations from qualified persons who have firsthand
				  knowledge of the facts represented, that it is unable to comply with the
				  standard or portion thereof and a detailed statement of the reasons
				  therefor;
(5) a statement of the
				  steps the employer has taken and will take, with specific dates, to protect
				  employees against the hazard covered by the standard;
(6) a statement of when the employer expects
				  to be able to comply with the standard and what steps he has taken and what
				  steps he will take, with dates specified, to come into compliance with the
				  standard;
(7) a statement of the
				  facts the applicant would show to establish that:
(i) the applicant is unable to comply with a
				  standard by its effective date because of unavailability of professional or
				  technical personnel or of materials and equipment needed to come into
				  compliance with the standard or because necessary construction or alteration of
				  facilities cannot be completed by the effective date;
(ii) he is taking all available steps to
				  safeguard employees against the hazards covered by the standard; and
(iii) he has an effective program for coming
				  into compliance with the standard as quickly as practicable;
(8) any request for a hearing, as
				  provided in this Part;
(9) a
				  certification that he had informed his employees of the application by giving a
				  copy thereof to their authorized representative, posting a statement, giving a
				  summary of the application and specifying where a copy may be examined at the
				  place or places where notices to employees are normally posted, and by other
				  appropriate means;
(10) a
				  description of how employees have been informed shall be contained in the
				  certification. The information to employees shall also inform them of their
				  right to petition the commission for a hearing; and
(11) the name(s), title(s), address(es) and
				  union affiliation(s) of the employee representative(s) notified.
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 803.9 - Permanent variance

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Application for variance. Any employer or group of employers may apply to the
				  commissioner for a permanent variance from any safety and health standard or
				  any provision thereof adopted by the commissioner.
(b) Contents. The application for a permanent
				  variance shall include:
(1) the name and
				  address of the applicant;
(2) the
				  address of the place or places of employment involved;
(3) a specification of the standard or
				  portion thereof from which the applicant seeks a variance and the date by which
				  abatement is required;
(4) a
				  description of the conditions, practices, means, methods, operations or
				  processes used or proposed to be used by the applicant and a statement showing
				  how they would provide employment and places of employment to employees which
				  are as safe and healthful as those which would prevail if the standard were
				  complied with;
(5) a certification
				  that the applicant has informed its employees of the application by:
(i) giving a copy to their authorized
				  representative;
(ii) posting the
				  application or a statement giving a summary of the application and specifying
				  where a copy may be examined, at the place or places where notices to employees
				  are normally posted;
(iii)
				  attaching to the application a copy of the notification letter, the posting
				  notice and other appropriate means; and
(iv) submitting the name(s), title(s),
				  address(es) and union affiliation(s) of the employee representative(s)
				  notified;
(6) in all
				  instances where a permanent variance is sought the commissioner will schedule
				  and conduct a hearing; and
(7)
				  employers, employees and/or employee representatives will be informed of the
				  dates, times and places of the hearings according to procedures established in
				  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 803.10 - Modification, revocation and renewal of orders

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Modification or revocation.
(1) An order granting a temporary or
				  permanent variance may be modified or revoked upon application by an affected
				  employer, an employee or employee representative, or by the commissioner on his
				  own motion, in the manner prescribed for its issuance under this subdivision at
				  any time after six months from its issuance. The application shall include:
(i) the name and address of the
				  applicant;
(ii) a description of
				  the relief sought;
(iii) a
				  statement setting forth with particularity the grounds for relief;
(iv) if the applicant is an employer, a
				  certification that the applicant has informed its affected employees of the
				  application by:
(a) giving a copy to their
				  authorized representative;
(b)
				  posting at the place or places where notices to employees are normally posted,
				  the application or a statement giving a summary of the application and
				  specifying where a copy of the application may be examined; and
(c) other appropriate means;
(v) if the applicant is an
				  affected employee, a certification that a copy of the application has been
				  furnished to the employer; and
(vi)
				  any request for a 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 803.11 - Action on applications

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Defective applications.
(1) If an application
				  does not conform to this Part, the commissioner may deny the application.
				  Notice of the denial of an application shall be given promptly to the applicant
				  and shall include, or be accompanied by, a brief statement of the grounds for
				  the denial.
(2) A denial of an
				  application pursuant to this paragraph shall be without prejudice to the filing
				  of another application.