Private sector workplaces in New York must comply with federal occupational safety and health standards for safety plans (e.g., hazard communication, bloodborne pathogens exposure control, emergency action). The state does not have a federally approved occupational safety and health regulatory program for private sector employers.
Public sector (state and local government) employers are regulated under the state’s federally approved occupational safety and health regulatory program. The state has adopted by reference the federal rules for safety plans.
Certain private and public sector employers in New York with a high rate of workplace injuries and illnesses must implement and maintain a written workplace safety and loss prevention program under the state’s workers’ compensation rules.
The federal Occupational Safety and Health Administration (OSHA) administers and enforces occupational safety and health requirements in private sector workplaces. The New York Department of Labor/Division of Safety and Health’s (DOSH) Public Employee Safety and Health (PESH) Bureau administers and enforces the state’s safety plan requirements in public sector workplaces. DOSH administers the workplace safety and loss prevention program for private and public sector workplaces.
WORKPLACE SAFETY AND LOSS PREVENTION PROGRAM
NY Workers’ Compensation Law 7-134, 12 NYCRR 59-1.3, 12 NYCCR 59-1.5, and 12 NYCCR 59-1.9
Private and public sector employers in New York must have a workplace safety and loss prevention consultation if their most recent payroll exceeds $800,000, and their most recent experience rating exceeds a level of 1.2.
If a consultant who performs the workplace safety and loss prevention ...