New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 59 - Workplace Safety And Loss Prevention Program › Subpart 59-1 - Workplace Safety And Loss Prevention Regulation › Section 59-1.9 - Workplace safety and loss prevention program

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Upon the recommendation of the
					 consultant, the employer shall institute and maintain an effective safety and
					 loss prevention program to identify, evaluate and control workplace hazards.
					 Employers' workplace safety and loss prevention programs, which were developed
					 prior to the promulgation of this rule, may be used to satisfy this requirement
					 if they meet the criteria for an acceptable program set forth in this section.
					 Such program shall be in writing and shall at a minimum:
(1) set forth policies, procedures and
					 practices that recognize and protect employees from occupational safety
					 hazards;
(2) establish and
					 communicate a clear goal for the Workplace Safety and Loss Prevention Program
					 and the mechanisms which will be utilized in meeting this goal;
(3) provide for visible top management
					 leadership in implementing the program and ensure that all workers at the site
					 are provided equally high quality safety protection, so that all will
					 understand that management's commitment is serious;
(4) provide for and encourage employee
					 involvement in the structure and operation of the program, so that they will
					 commit their insight and energy to achieving the goals and objectives of the
					 safety program. Such involvement shall be accomplished through the recognized
					 employee organization(s), if any;
(5) assign and communicate responsibilities
					 for all aspects of the Workplace Safety and Loss Prevention Program to
					 managers, supervisors and employees so that such persons know and understand
					 what is expected of them in the implementation of the program. Provide a system
					 to hold managers and supervisors accountable for their responsibilities under
					 the Workplace Safety and Loss Prevention Program;
(6) the employer shall ensure that the
					 supervisors, managers and employees understand their responsibilities under the
					 Workplace Safety and Loss Prevention Program and their importance to the safety
					 of the workplace. In particular, appropriate training for managers, supervisors
					 and employees shall enable them to:
(i)
					 recognize potential hazards;
(ii)
					 maintain safety protection in the work area; and
(iii) reinforce employee training on the
					 nature of the potential hazards and required protective measures;
(7) provide a reliable system for
					 employees to notify management personnel of conditions that appear hazardous or
					 of noncompliance with the terms of the Workplace Safety and Loss Prevention
					 Program without fear of reprisal and provide a mechanism to ensure timely and
					 appropriate responses;
(8) provide
					 a mechanism to investigate accidents so that the root cause(s) and means for
					 preventing a recurrence are identified. For the purposes of this rule, the term
					 accident shall mean any unexpected happening that interrupts the work sequence
					 or process and that may result in injury, illness or property damage;
(9) provide a means to review injury and
					 illness trends over time so that patterns with common causes can be identified
					 and eliminated;
(10) establish a
					 mechanism for the employer to conduct ongoing, periodic in-house safety
					 inspections so that new or previously missed hazards or failures in controls
					 are identified. Such inspections shall be conducted with a frequency necessary
					 to be effective and this frequency shall be reviewed by the consultant
					 performing the workplace safety and loss prevention consultation;
(11) address the impact of emergency
					 situations and develop written plans and procedures to insure employee safety
					 during such emergencies. For the purposes of this rule, the term emergency
					 situation shall mean an unforeseen single event or combination of events that
					 calls for immediate action to prevent, control or contain injury or illness to
					 person(s) or damage to property; and
(12) establish procedures for transmitting
					 and enforcing safe work practices in the workplace through training, positive
					 reinforcement and correction of unsafe performance.