New York OSHA laws & safety compliance analysis

New York OSHA : What you need to know

• 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 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 more information.

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Public sector employers must use the state injury and illness recordkeeping forms. Injury reporting requirements for employee hospitalizations are stricter than federal requirements.

New York requires every employer (public or private sector) with a high rate of workplace injuries and illnesses to develop and implement a written safety and loss prevention program.

For detailed information on federal workplace safety and health requirements, see the national sections OSHA, HAZARD COMMUNICATION STANDARD, MATERIAL SAFETY DATA SHEET, and TRAINING.

• Administration and enforcement. OSHA administers and enforces occupational safety and health requirements in private sector workplaces. The New York Department of Labor's (DOL's) PESH administers and enforces state occupational safety and health requirements for public sector employers, and for all employers subject to the workers’ compensation workplace safety program.

Definition of Employer
New York Labor Law 27-a

"Public sector employer" means state, county, and local ...

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