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About Carbon Monoxide

     
         
  New York State Plan

The New York Public Employees Safety and Health (PESH) Bureau is part of the New York Department of Labor. The New York Department of Labor is headed by the Commissioner. The main office is located in Albany with nine district offices located throughout the state.

Coverage
New York PESH covers all state and local government workplaces in the state, including state, county, town, and village governments; as well as state and local government authorities, school districts, and paid and volunteer fire departments. OSHA maintains coverage over all private sector workplaces and federal agencies including the United States Postal Service (USPS). A brief summary of the New York State Plan is included in the Code of Federal Regulations 29 CFR 1952.24. Federal OSHA retains the authority to promulgate, modify, or revoke occupational safety and health standards under Section 6 of the OSH Act. In the event that federal OSHA resumes enforcement, those federal standards will be enforced. Federal OSHA also retains the authority to monitor the State Plan under Section 18(f) of the OSH Act.

State Plan Standards and Regulations
New York PESH has generally adopted all OSHA standards applicable to state and local government employment. In addition, the Commissioner has the authority to develop alternative and/or state-initiated standards to protect the safety and health of state and local government workers in New York in consultation with the Hazard Abatement Board. The procedures for adoption of alternative standards contain criteria for consideration of expert technical advice and allow interested persons to request development of any standard and to participate in any hearing for the development or modification of standards. PESH’s state-initiated standards include:
• Workplace Violence Prevention - 12 NYCRR Part 800.6
• Emergency Escape and Self-Rescue Ropes and System Components for Firefighters (in cities below one million residents) - 12 NYCRR Part 800.7
• Permissible Exposure Limits - 12 NYCRR Part 800.5
• Right-to-Know - 12 NYCRR Part 820

New York PESH also has its own regulation on the recording and reporting of occupational injuries and illnesses (12 NYCRR Part 801).

Enforcement Programs
New York PESH utilizes its Field Operations Manual (FOM) which provides policy guidance for its enforcement program. The Enforcement Branch conducts unannounced mandatory inspections which results in a "Notice of Violation and Order to Comply" for hazards and/or violations of OSHA standards. Abatement periods to comply with the violations are established and verification of abatement is required. Penalties may be assessed for failure to comply with abatement orders. For more information on these programs, please visit the New York State Plan website.

Review this table for a complete listing of U.S. commercial and residential carbon monoxide safety regulations.