New York does not have a federally approved occupational safety and health regulatory program for private sector workplaces in the state; therefore, private sector workplaces must comply with federal occupational safety and health standards.
The state has a federally approved regulatory program that governs occupational safety and health for public (state and local governments) sector workplaces only. The state has developed its own injury and illness recordkeeping forms for public sector employers.
Reporting fatalities and multiple hospitalizations. The state reporting requirements for the hospitalization of two or more employees is stricter than the federal rule, which has a reporting threshold of three or more employees.
The federal Occupational Safety and Health Administration (OSHA) administers and enforces occupational safety and health requirements in private sector workplaces. The New York Department of Labor/Public Employee Safety and Health (PESH) Bureau administers the workplace safety and health rules for public sector workplaces.
Public Sector-Injury and Illness recorkeeping Forms
12 NYCRR 801.29
The PESH Bureau has developed its own injury and illness recordkeeping forms to be used by public sector employers:
- Log of Work-Related Injuries and Illnesses-SH900
- Summary of Work-Related Injuries and Illnesses-SH900.1
- Injury and Illness Incident Report-SH900.2
The employer may use the OSHA 300 or equivalent forms as long as all the information required by the state forms is included.
Musculoskeletal disorders are not considered privacy concern cases and must therefore be recorded on the forms. Public Sector-Injury Reports
12 NYCRR 801.39
Within 8 hours after the ...