New York OSHA laws & HR compliance analysis

New York OSHA: What you need to know

The federal Occupational Safety and Health Act (OSH Act) is “preemptive”; that is, it overrides state laws and regulations in the areas it covers. Since this amounts to virtually all areas of workplace health and safety in the private sector, the OSH Act supplants most state work safety requirements. Under the OSH Act, individual states may devise and administer their own laws and regulations, but only with federal approval, and only if the applicable state requirements are as stringent as the corresponding federal standards.
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Because New York has not adopted such a plan for its private sector workplaces, the federal law governs private sector workplace health and safety requirements. A detailed discussion of the federal standards is available.
New York's Public Employee Safety and Health Act (PESH Act) (NY Lab. Law Art. 2 Sec. 27-aet seq.; NY Code R. and Regs. Tit. 12 Sec. 800.1et seq.), governing public sector (state and local government) employers only, has been approved by the federal government. The state has adopted by reference the federal occupational safety and health regulations and has added accident reporting, asbestos exposure, hazard communication, and process safety management (PSM) provisions for public sector employers that are stricter than federal standards. The PESH Act is administered and enforced by the state Department of Labor/Division of Occupational Safety and Health (DOSH). More information about hazard communication requirements in the public sector is available.
Reporting hospitalizations after a workplace accident. Within 8 hours after the death of any employee in the workplace, or the in-patient hospitalization of two or more employees as a ...

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