Text For Citation: 02 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) Suffolk Co PD 2nd Pct - On February 22, 2009 at approximately 4:12am a fatal vehicle accident occurred at Commack Road at the intersection of Vanderbilt Motor Parkway, Commack, NY. The police vehicle, a 2006 Ford Crown Victoria, SCPD, operated by Suffolk County Police Officer Glen Ciano entered the intersection at a minimum speed range between 82 to 85 miles per hour without the use of emergency lights or siren at time of impact. The posted speed limit was 40 miles per hour. The intersection was provided with traffic control devices. The hazards, prohibitions and exemptions for driving emergency vehicles above the posted speed limit have been documented through rules, regulations, and procedures in: the New York State Vehicle and Traffic Law. The employers general orders #07-08 defines Emergency Response, Urgent Response requiring Emergency Lights and Siren use and Non-Emergency Routine Calls where the use of Lights and siren are not authorized. Training outlines of the Suffolk County Police Academy's Emergency Vehicle Operation Course provide the legal aspects of emergency driving in Module 1.1-1.4 "Legal Aspects of Law Enforcement Driving". These Documents were submitted for review to the "New York State Law Enforcement Accreditation Program" for Police Department Accreditation by the New York State Division of Criminal Justice Services. These programs were identified by the Division of Criminal Justice Services as necessary for accreditation, pursuant to accreditation standards 39.1, 42.3, 43.1, and 47.2. The hazard of driving vehicles above the posted speed limit is likely to cause death or serious physical harm when involved in a vehicular collision. Police Department units regularly respond to vehicular accidents involving death or serious physical harm to drivers and passengers of involved vehicles. Reasonable and adequate methods available and likely to correct the hazard include but are not limited to: 1. Enforce existing General Orders dealing with emergency response and urgent response procedures. 2. Provide for a method to ensure compliance with existing General Orders, Identify employees who need retraining in these areas