New York is one of the states with its own State Plan through the Public Employee Safety and Health Act (PESH Act), which includes a comprehensive set of rules and regulations specifically designed for public sector employers and employees. The New York Department of Labor oversees the enforcement of these standards through its Public Employee Safety and Health (PESH) program.
Although the PESH Standards and Regulations in New York are largely identical to Federal OSHA Standards, there are differences in recordkeeping and reporting. For instance, 12 NYCRR Part 801 sets forth recordkeeping and reporting requirements that differ from federal OSHA rules. In addition, PESH includes some State-Specific Standards that public sector workers must follow:
Permissible Exposure Limits (12 NYCRR Part 800.5)
Toxic Substance Training, Education, and Information (12 NYCRR Part 820)
Emergency Escape and Self-Rescue Ropes and System Components for Firefighters (12 NYCRR Part 800.7) – applicable in cities with fewer than 1 million residents
Workplace Violence Prevention (12 NYCRR Part 800.6)
For the private sector, there are no separate New York State Plan standards; all private employers and employees must comply with Federal OSHA Standards and Regulations.
Local Law 196 requires all construction workers in non-supervisory roles to obtain a Site Safety Training (SST) Card or an OSHA 30-Hour Card. Supervisory personnel must complete 62 hours of site safety training.
Under New York Labor Law 220-H, every construction worker involved in contracts exceeding $250,000 must have an OSHA 10-Hour Card. This rule generally excludes workers on small-scale renovation and repair projects inside or outside of the city.
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