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New York State Plan

New York State Plan

New York State Plan

[New York State Plan Website]
Overview
  • Initial Approval: June 01, 1984
  • State Plan Certification: August 16, 2006
  • 18(e) Final Approval: N/A

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

Jurisdiction

New York PESH covers all public sector workplaces in the state, including: state, county, town, and village governments, as well as public authorities, school districts, and paid and volunteer fire departments. OSHA maintains jurisdiction over all private sector workplaces; federal agencies; maritime employers (e.g., shipyards, marine terminals, and longshoring); military facilities; Indian sovereignty workplaces; and the United States Postal Service (USPS).

Unique State Plan Standards

New York PESH has adopted identically all OSHA standards applicable to public sector employment with the exception of the following:

  • Recordkeeping Rule – 29 CFR 1904

In addition, the Commissioner has the authority to develop alternative and/or state-initiated standards to protect the safety and health of public employees 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. Examples of such state-initiated standards include:

  • Workplace Violence Prevention – 12 NYCRR 800.16
  • Safety Ropes and System Components for Firefighters (in cities below 1 million residents) – NYCRR 800.17
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.

Voluntary and Cooperative Programs

New York PESH offers voluntary and cooperative programs that focus on reducing injuries, illnesses, and fatalities. New York PESH also offers on-site consultation services which help employers comply with PESH's standards and identify and correct potential safety and health hazards. New York PESH also has an agreement with OSHA, under Section 21(d) of the OSH Act, to provide free on-site consultation services to the private sector. For more information on these programs, please visit the New York State Plan website.

Informal Conferences and Appeals

Employers and workers may seek formal administrative review of New York Department of Labor citations, including penalties and the reasonableness of abatement periods, by petitioning with the New York Industrial Board of Appeals (IBA) no later than 60 days after the issuance of the citation. The IBA is the independent state agency authorized by Section 27(a) (6) (c) of the New York Act to consider petitions from affected parties for review of the Commissioner of Labor's determinations.

Contact Information

New York Department of Labor
  • Peter Rivera, Commissioner
  • (518) 457-2746
  • (518) 457-5545

Division of Safety and Health
  • Public Employees Safety and Health (PESH) Bureau
  • Governor W. Averell Harriman State Building Campus
  • Building 12, Room 158
  • Albany, New York 12240
  • (518) 457-1263
  • (518) 457-5545

    Division of Safety and Health (DOSH)
    • Eileen Franko, Director
    • (518) 457-3518
    • (518) 457-5545

    Public Employees Safety and Health Bureau
  • Normand Labbe, Program Manager
  • (518) 457-1263
  • Normand Labbe

Disclaimer

OSHA makes every effort to ensure that the information on this page is accurate and up to date, but changes in state law and procedures affecting the information on this page are beyond OSHA's control. Contact state program staff directly to verify important information.

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