Comparison: State vs. Federal
• Rules. Penalties for noncompliance with workplace safety and health rules for private sector employers are regulated by the federal statutes. The PESH Act governs occupational safety and health for public (state and local governments) sector workplaces only.
• Administration and enforcement. New York has adopted penalties for noncompliance by public sector workplaces that are substantially less strict than federal penalties. OSHA administers workplace safety and health rules in the private sector. PESH administers safety and health rules in public sector workplaces.
There are three state agencies in New York with authority over motor carriers transporting hazardous materials: NYSDOT, NYSP, and DEC.