• 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 HAZARD COMMUNICATION section for more information.
Public sector employers must use the state injury and illness recordkeeping forms. Injury reporting requirements for employee hospitalizations are different from 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.
• 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.
PUBLIC SECTOR EMPLOYERS
Definition of Employer
New York Labor Law 27-a
"Public sector employer" means state, county, and local government workplaces, including village governments, public authorities, school districts, and paid and volunteer fire departments.
Injury and Illness Records
12 NYCRR 801.29
The state follows ...