PESH. The Public Employee Safety and Health Act. Article 2, Section 27a, NYS Labor Law. Effective January 1, 1980

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1 What is PESH? 1

2 PESH The Public Employee Safety and Health Act Article 2, Section 27a, NYS Labor Law Effective January 1,

3 The Public Employee Safety and Health Bureau Enforces the provisions of the PESH Act and the safety and health standards promulgated under the Act Provides consultation services to Public Employers Provides educational and consultation services to Employee Organizations 3

4 THE PESH BUREAU 60 Inspectors and Hygienists 9 District Offices 4

5 PROGRAM MANAGEMENT Norm Labbe Dave Merriman Frank Fazzio Program Manager Assistant Program Manager (upstate) Assistant Program Manager (downstate) 5

6 THE PESH ACT Definitions Employer: The state, any political subdivision of the state; a public authority or any other governmental agency or instrumentality thereof 6

7 Definitions Employees; Means any person permitted to work by an employer 7

8 Definitions Authorized Employee Representative; An employee authorized by the employees or the designated representative of an employee organization recognized or certified to represent employees pursuant to Article 14 of the Civil Service Law 8

9 What does PESH cover? 9

10 SAFETY AND HEALTH STANDARDS The Act directs the Commissioner of Labor to adopt by rule and regulation all federal OSHA standards and apply them to places of public employment 10

11 ADMINISTRATIVE RULES Part 801: Recording and Reporting Public Employees Occupational Injuries and Illnesses Part 802: Inspection of Places Of Public Employment Part 803: Variance Regulations Part 804: Petition For Modification Of Abatement Date (PMA) 11

12 Administrative Rules Part 805: Petition for Employee Contest Of Abatement Period 12

13 What do I do if I have a safety or health issue in my workplace? 13

14 What is PESH s Game Plan? 14

15 INSPECTION PROCEDURES Administrative Plan: Programmed Inspections Each Inspector assigned a geographical area Moves through that area on a door to door basis inspecting high hazard workplaces Expected 9 year cycle 15

16 Where do I fit in on an inspection? 16

17 How does a PESH inspection work? 17

18 INSPECTION PROCEDURES The Act and Part 802 call for a structured inspection: No Advanced Notice Opening Conference Union Participation Walk Around Inspection Closing Conference 18

19 What brings PESH to my workplace? 19

20 TYPES AND PRIORITY OF INSPECTIONS Imminent Danger Accident Investigations Complaints (Serious Hazard Alleged) Complaints (Non serious Hazard Alleged) Referrals Follow up Inspections Programmed Inspections 20

21 Imminent Danger A condition which is likely to cause death or serious physical injury or illness Advance notice given to employer Inspection commenced immediately PESH has authority to stop the work under Section 200 Of the Labor Law 21

22 Accident Investigations Any incident which is fatal to one employee or results in hospitalization of two or more employees Employer must report incident to PESH within 8 hours PESH may inspect incidents which injures only one employee if assets are available 22

23 Complaints Must be in writing and must be signed Complainant may request that name be with held Must allege a hazard PESH investigates every complaint Employer is provided with a copy of the complaint at the opening conference 23

24 COMPLAINTS Complaints are reviewed and prioritized based upon the hazard to employees. The higher the hazard the higher the priority Complainant may be asked to provide additional information prior to inspection 24

25 Referrals Hazards identified in the news media Referrals from another agency Referrals from another discipline 25

26 Follow Up Inspections Conducted to verify compliance after all abatement dates have passed Penalties are issued for uncorrected violations Generally limited in scope 26

27 PROGRAMMED INSPECTIONS Conducted with the least burden to the employer BUT the employer does have to facilitate the inspection Comprehensive in scope 27

28 Fire Brigade Standard-29 CFR Organizational Statement A statement or written policy which establishes the existence of a fire brigade. 28

29 the basic organizational structure; the type, amount, and frequency of training to be provided to fire brigade members; the expected number of members in the fire brigade; and the functions that the fire brigade is to perform at the workplace. The organizational statement shall be available for inspection by the Assistant Secretary and by employees or their designated representatives. 29

30 Fire Brigade Standard Firefighting Equipment Inspections Firefighting equipment at least annually Portable fire extinguishers and respirators at least monthly. 30

31 Fire Brigade Standard-29 CFR (Cont.) Physical Capabilities Interior Structural Firefighters Training and Education Minimum of 15 hours safety related training for new firefighters Minimum 8 hour refresher training annually 31

32 Fire Brigade Standard Protective Clothing Foot and leg protection Body Protection Hand Protection Head, eye and Face protection Respiratory protection devices 32

33 Personal Protective Equipment 29CFR Written Hazard Assessment (Certified) Written Training Certification 33

34 Respiratory Protection Written Respiratory Protection Program Medical Evaluation Obtain Written Recommendation from PLHCP Fit Testing Accountability Program Inspection Records Repair Records Breathing Air Quality Annual Training Program Evaluation 34

35 Bloodborne Pathogens Written Exposure Control Plan Annual Update Regulated Waste Hepatitis B Vaccination Records Declination Statement Incident Report and Related Documentation Documentation Package for Healthcare Provider Healthcare Provider s Written Opinion Firefighter s Receipt of the Written Opinion Warning Labels and signs Training Sharps Injury Log 35

36 Hazard Communication Right to Know 29 CFR Written Program Inventory Labeling Training Exposure record Poster 36

37 Hazardous Waste Operations and Emergency Response 29CFR Written Program Training Records Qualification of Trainers Refresher Training Documentation HAZMAT Team Members: Baseline Physical Examination Surveillance (f) Training 37

38 Confined Space 29CFR Formal Agreement with Employer Formal On-site Training Documentation of Training Evaluation of Response 38

39 The Control of Hazardous Energy (LOTO) 29CFR Safe Electrical Work Practices ( ) Written Procedures Periodic Inspections Training 39

40 Recording and Reporting Public Employees Occupational Injuries and Illnesses PESH Form SH-900 Log of Work- Related Injuries and Illnesses PESH Form SH Injury and Illness Incident Report PESH Form SH Summary of Work-Related Injuries and Illnesses 40

41 Other issues that may be addressed during an inspection: Emergency Action Plan for Fire and other emergencies Fire Prevention Plan Rabies Lyme Disease 41

42 Portable Fire Extinguishers 29CFR Inspection, Maintenance and Testing Hydrostatic Testing Annual Training 42

43 Walk around of the facility Including but not limited to: Exits Electrical Housekeeping Overhead Storage Machine Guarding Welding Eye Wash (corrosives) 43

44 Walk around (Cont.) Ladders Fuel Dispensing Stairs Compressed gases Sanitation 44

45 What happens after an inspector leaves my workplace? 45

46 Discrimination The employer may take no adverse action against an employee because: He or She filed a complaint Participated in the inspection Gave statements to the inspector Exercised any other right provided for in the Act 46

47 Discrimination Complaints must be made within 30 days of the adverse action The PESH Bureau will investigate and provide finding within 90 days If discrimination is found the case is sent to the AG for prosecution 47

48 Consultation Consultation is provided free of charge to employer who would like to voluntarily come into compliance Limited or full service consultation services are available Service is provided upon the employers request 48

49 Consultation The consultation is conducted in the same structured format as an inspection Consultant must be allowed to interview employees Employee representative participation is strongly encouraged 49

50 Consultation The employer must agree to correct any serious hazards identified by the consultant by an agreed upon date. The Employer must certify to PESH that the serious hazards have been removed 50

51 Services to Employees Speakers Model programs Educational programs Seminars Lending library 51

52 PESH s Strategic Plan GPRA Requires Strategic Plan Strategic Goals Identified Performance Goals Specified Highway/Construction (SIC 1611) Fire /Ambulance (9224) Nursing Homes (805) Performance Indicators Injury Rates From SH

53 SIC 9224 Fire/ Ambulance Injury Reduction (Baseline Year) # Injuries= 9, ,187 injuries (11.8% reduction) ,886 injuries (36.6% reduction) ,156 injuries (22.9% reduction) ,607 injuries (18.1 % reduction) 53

54 Use PESH as a resource! 54

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