Governing Law and Regulations
U.S. Occupational Safety and Health Act of 1970 (OSH Act), 29 USC 651et seq. and regulations at 29 CFR 1904, 29 CFR 1910, and 29 CFR 1926
Public Employee Safety and Health Act (PESH Act), New York Labor Law (LAB) 27-a et seq. and regulations at 12 New York Codes, Rules, and Regulations (NYCRR) 800.1 to 800.5
Public sector employers:
Public sector definition: LAB 27-a
Injury and illness recordkeeping: 12 NYCRR 801.4 to 801.47
Reporting hospitalizations: 12 NYCRR 801.39
Workplace Safety and Loss Prevention Program, Workers' Compensation Law 7-134 and regulations at 12 NYCRR 59-1 to 59-1.14
U.S. Department of Labor Occupational Safety and Health Administration (OSHA) Region 2
New York Department of Labor (DOL) Division of Safety and Health (DOSH) Public Employee Safety and Health Bureau (PESH)
DOL DOSH Workplace Safety and Loss Prevention Program
See ADDRESSES & CONTACTS for addresses and telephone numbers.
See national section for basic information and federal regulations.
Comparison: State vs. Federal
• Rules. New York has a federally approved regulatory program (PESH Act) that governs occupational safety and health for public (state and local governments) sector workplaces only. Private (private businesses and nonprofit organizations) sector employers are regulated by the federal Occupational Safety and Health Act of 1970 (OSH Act). New York has adopted the standards of the federal OSH Act in their entirety. Consequently, both public and private sector employers in the state follow the federal rules. The state's worker right-to-know law imposes some additional hazard communication requirements on public employers. See the state section HAZARD COMMUNICATION STANDARD for ...