New York has a federally approved regulatory program (Public Employee Safety and Health (PESH) Act) that governs occupational safety and health for public sector workplaces (state and local governments) only. Private sector employers (private businesses and nonprofit organizations) are regulated by the federal Occupational Safety and Health Act (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 federal Occupational Safety and Health Administration administers and enforces fall protection requirements in private sector workplaces. The New York Department of Labor’s PESH Bureau administers and enforces fall protection requirements for public sector employers.