New York Enforcement laws & safety compliance analysis

New York Enforcement : What you need to know

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.

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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.

Requirements

TABLE 1: SAFETY VIOLATIONS

TABLE 2: HAZARDOUS MATERIALS TRANSPORTATION VIOLATIONS

DISCUSSION

TABLE 1: SAFETY VIOLATIONS
Prohibited Act Penalties
Public sector: Nonserious violation Civil:LAB 27-AUp to $50 per day
Public sector: Serious violation (i.e., could lead to death or serious harm to an employee) Civil:LAB 27-AUp to $200 per day
TABLE 2: HAZARDOUS MATERIALS TRANSPORTATION VIOLATIONS
Prohibited Act Penalties
Hazardous materials transporters: Transporting hazardous materials in violation of rules involving out-of-service defects related to brake systems, steering components, and/or coupling devices Criminal: 17 NYCRR 820.11(g):Up to $1,500 and 60 days' imprisonment for the first offense; up to $2,500 and 90 days' imprisonment for second and subsequent offenses committed within 18 months
Hazardous materials transporters: Transporting hazardous materials in violation of rules involving a defect other than an out-of-service defect relating to brake systems, steering components, or coupling ...

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