New York State PlanThe 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.
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.
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).
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.
table for a complete listing of U.S. commercial and residential
carbon monoxide safety regulations.