Text For Citation: 01 Item/Group: 001 Hazard: UNCLASS

NYSLL Article 2, Section 27-a.3.a(1): The employer did not furnish to each of its employees, employment and a place of employment which was free from recognized hazards that are causing or were likely to cause death or serious physical harm to its employees and which will provide reasonable and adequate protection to the lives, safety or health of its employees. In applying this paragraph, fundamental distinctions between private and public employment have been recognized. (a) Nassau Co PD Highway Patrol - At approximately 5:00 AM on 10-18-2012, a police officer was exposed to vehicular traffic while not wearing required high visibility clothing. The exposure took place in the eastbound HOV lane of the Long Island Expressway(LIE), parallel to exit 35, at the scene of a multicar traffic accident. The employee was exposed to vehicular traffic while not wearing ANSI/ISEA 207-2006 compliant safety vest or Class 2 or 3 ANSI/ISEA 107-2004 compliant high visibility outer garments while performing tasks including but not limited to vehicular accident investigation. Federal Rule 23 C.F.R. Part 634 requires workers who are working within the rights-of-way of Federal -aid highways to wear Class 2 or 3 ANSI/ISEA 107-2004 compliant safety vests. The US Department of Transportation Federal Highway Administration, Manual on Uniform Traffic Control Devices(MUTCD) 2009 Edition, Chapter 6D. Pedestrian and Worker Safety, states that Emergency and incident responders and law enforcement personnel within the temporary traffic control(TTC) zone may wear high-visibility safety apparel that meets the performance requirements of the ANSI/ISEA 207-2006 publication entitled "American National Standard for High-Visibility Public Safety Vests" or equivalent revisions, and labeled as ANSI 207-2006, in lieu of ANSI/ISEA 107-2004 apparel Mary Ellen Humphrey, OSHA Coordinator and AMT Coordinator for Nassau Co. PD, stated the following information. Officer Joseph Olivieri was not wearing a reflective safety vest while he was investigating the car accident that took place on the Long Island Expressway on 10-18- 2012. The officers were trained to wear the vests when performing tasks including but not limited to vehicular accident investigation. This rule was not effectively enforced by the department. Reasonable and adequate abatement methods may include but would not be limited to: Provide each employee who is exposed to vehicular traffic, an ANSI/ISEA 207-2006 compliant safety vest or a Class 2 or 3 ANSI/ISEA 107-2004 compliant safety vest. The employer has to ensure that the employees wear these vests when they are exposed to vehicular traffic. Audit/supervise the workforce to determine the level of compliance with established procedures. Provide effective training and information to employees on the use of reflective vests. Workers performing tasks including but not limited to vehicular accident investigation, are exposed to the hazard of being struck by a vehicle.